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I am an Australian VeterinarXXXXX XXXXXving and working

I am an Australian VeterinarXXXXX...

I am an Australian VeterinarXXXXX XXXXXving and working in California,USA. I have been here since 1978. My mother died in Sydney,N.S.W. in 1997, leaving an estate valued at about 1.5 million dollars.This estate was to be divided three ways between me and my two younger brothers. My brothers were executors of the Will and my younger brother was a prominent attorney at the time.He is Alan Hunt and was business manager for XXXX XXXX Inc. a firm of attorneys in Sydney.I was over in California at the time and never received a copy of the will but was promised my mother's home on Kissing Point Rd. in Turramurra. As far as I know the home is still in my dead mother's name. My brother keeps promising to change this so the house will be in my name and he promises to get the house ready for renting.However,nothing happens. My brother tells me that he will take care of things but spends most of his time between his penthouse on Sydney XXXX and his property in the country. I returned to Sydney about two years ago to attend the wedding of my niece and went to the Turramurra property with Alan and his real estate girlfriend.They promised to get the property ready for renting and advised me not to sell it-valued at about $500,000.I gave them my bank account numbers with the Commonwealth bank and asked Alan to deposit the rent money and take a fair management fee of up to ten percent. I have since emailed him and called him as there is no money going into the bank and my brother refuses to turn the property over to a property manager. Recently my brother's ex was travelling in the USA and informed me that she was still married to my brother at the time of my mother's death and remembers that the house was promised to me. She informed me that I need to get active in this matter as my brother is a bit of a bully and won't do anything unless he is pushed. She also told me that the house is now valued at about $800,000. As of this moment I have not received my one-third share of the WILL.I need to get the house into my name and either rent it or sell it. Sincerely, XXXXX XXXXX BVSc(Sydney) DVM,MS (Cornell).

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Answered in 48 minutes by:

10/10/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning,

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

Do you know whether you're late mothers will has been probated through the Supreme Court of New South Wales?

Have you Spoken with your brothers, and asks for a copy of the will and also details of what was happening with the estate?

Customer reply replied 9 years ago

I do not know if my mother's will was probated as my two brothers who live in Sydney did not give me a copy of the WILL. I only have a copy of my father's will and he died in 1979.

I know that my two brothers were executors of the will and they each have gotten their one thirds of the will. They promised me my mother's house but last time I checked the house was still in my mother's name even though she has passed away 15 years ago.This is very unusual that my brother, an attorney in Sydney, would let this linger for so long and not transfer my section of the will to me.

The house in question is at: 29/10 XXXX XXXX Rd. XXXX,N.S.W., 2074. My mother's name was Nellie XXXX XXXX. My father was O.W.XXXX ,the well known Australian Historian and teacher.

My brothers are Robert XXXX ,and Alan XXX,formerly of XXXX XXXX Inc. Sydney Law FIRM.BOTH BROTHERS WERE EXECUTORS OF THE WILL. I am still waiting on my share--16 years ??

Sincerely,

Brian XXXX

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Brian,

It will need to be probated before they can transfer anything,

you can contact the Supreme Court Of New South Wales and they will tell you whether probate has been applied for and who the solicitor acting is.

Here are the contact details.

http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/SCO2_contactus.html

If the willStipulated that each of you receive one 3rd of the estate, the only way you could receive the whole of the house is if you all entered into a deed family arrangement and that was registered with the court amending the will.

Because of the time that has passed, this may not be a simple and an explanation would have to be given to the court for the delay.

The executors are personally responsible for the estate and if they are negligent the beneficiaries can sue for losses they incur as a result of the executive negligence.

You should contact the court and ascertain what has been done and if probate has been granted, you can obtain a copy (exemplification) and then arrange for an independent solicitor to represent you and finalise the estate.

If probate has not been applied for, you will then need to question your brothers on what they have been doing.

Is there anything else I can assist you with?

Customer reply replied 9 years ago

There were several properties and I agreed to take the Turramurra property.I think my brother ALAN may have taken and sold one or more of the properties.The total estate was over 1.5 million dollars.My two brothers have gotten their share but I am still waiting.There were properties and moneys.They rented Turramurra for a while and have the monies in a bank account which I have not seen.I have not seen my mother's will--where is it?

Brian.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Brian,

How do you know they have their share?

Do not rely on word of mouth. If Probate has not been granted no-one has anything.

If they have finalised their share then you need to have a Solicitor look at forcing them to finish your distribution.

But in order to do all this you need to know if and when probate has been granted.

Customer reply replied 9 years ago

Hi Leon,

I don't think probate was granted. My attorney brother was trying to save money and skipped probate.This is coming from his former wife who is travelling over here in the States with her boyfriend. She does not want to get involved because of all the children. She just responded to my email and said that she didn't remember any probate back then,15 years ago when my mother died .I was in the States and did not return for the funeral as I had a new veterinary practice that I needed to attend to.

Probate is necessary in the USA. IS IT ALSO necessary in Australia with no death taxes ?

Would you be willing to represent me or recommend an attorney in Sydney ?

Sincerely,

Brian XXXX

P.S.Judy,the wife,remembers my brothers agreeing to my wishes and letting me have the Turramurra property.They divided up the rest .There couldn't have been probate as I was never contacted by the court or my executor brothers.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Brian

If probate is not granted then nothing has been distributed. It is a requirement to transfer a property from the name of the deceased to a beneficiary or even to sell it.

The same goes to withdrawing money form bank accounts. The banks want probate.

He cannot skip probate in NSW.

There are no death taxes here. But probate is necessary.

You can contact the law Society of NSW and they can refer you or you can search on the following link for solicitors that are specialists in the area of Wills and Estate Law

http://www.lawsociety.com.au/community/findingalawyer/findalawyersearch/index.htm

If your search in the city of sydney under region a few come up that you can email

It is not possible without probate. Especially with such a large estate.

I hope this is of assistance. If I have missed anything, or if you have any further questions please let me know. If not I can arrange to have you rate my work.

Customer reply replied 9 years ago

Hi Leon,

Thanks for your excellent help .

Cheers,

Brian.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Brian

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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