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I am the Executor Mothers Will who has passed and now

I am the Executor for...

I am the Executor for my Mothers Will who has passed and now our Step father has passed which brings me to the last of my Mothers requests of her Will. What I am having difficulties with is the Executor of my Step Fathers Will who since Probate was granted 9 months ago has not released the funds and without informing us invested the monies. She knew about the financial situation of 2 sisters and still kept denying that any monies had been released.
We have sent emails and tried to contact via phone however no answer by her lawyers in Victoria or herself. I have run out of funds for Lawyers who battled to get any response from Tyler Tipping & Woods.
They have now sent us a document of Release to be signed to get the inheritance which my Lawyers advised me strongly not to sign. I have asked Tyler Tipping & Woods to please send me a document of Acceptance for me to sign knowing most lawyers do this way however they will not answer and will not acknowledge and release the funds. The Executor won't answer any emails and also phone calls and has taken other funds that were bequeathed to us.
My question is who can I report this to and have the funds released, also have the Executor made to do the job that they were left with. So far she has taken funds had no communication with any of us and the document for Release only sums up that the lawyers in Victoria and herself have done something that they need to be released from.
We are getting concerned as we can't get a response from anyone and I will not sign the Release form as the Executor has another account which is part of my Mothers Will and I still need to get a hold of this as the Executor has taken the funds however no response from either the Lawyers or Executor.
Thank you *****
Perth
m: 0402 569 794

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Answered in 3 minutes by:

1/21/2015

Solicitor: Leon, Solicitor replied 8 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 Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You have to go to the Supreme Court which issued the probate and seek an order that the estate be released and have the costs paid by the executor as they have failed in their duty to the beneficiaries.
I assume you are a beneficiary of your step fathers will?

Customer reply replied 8 years ago

Hi Leon

Yes I am one of the Beneficiaries however in Perth with my siblings also Beneficiaries.

The problem is the Probate would of been granted in Victoria so am I able to contact the Victorian Supreme Court via phone or email and how much would this cost and time it would take. approx.

Would it be of any benefit to report the Lawyer who will not give us any information and has advised the Executor to have no contact. We have sent over already our Birth Certificates and details however the Executor knew us and has stayed in my home when she visited her father here in Perth so it seemed strange to want our Birth Certificates.

The Lawyers want a Document of Release signed which I have been advised not to and I have asked for a Document of Acceptance but they have so far not got back to me. this was 2 weeks ago.

Sort of stuck between a rock and a hard place at the moment.

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
Do you have a victorian Solicitor?
You will have to file an application with the court.
If you wish to report the lawyer you can report them to the law institute of victoria
http://www.liv.asn.au
Do not sign anything unless you get legal advise on the document so that you are protected.
Before you sign it you should see what the estate has and what the costs are.

Customer reply replied 8 years ago

Hi Leon

No we don't have a Lawyer in Victoria as we are in Perth and have a Lawyer here. We were just trying to get this moving along without any more cost involved. However I will contact the Law institution of Victoria as the Lawyers have not been able to respond and are holding the Inheritance up for everyone because I will not sign the Document of Release.

Is there anyone you could suggest for me to contact to get them to file an application with the Supreme Court if required in person? to report the Executor?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
I do not know any lawyer in Victoria the law institute can refer you to a succession solicitor.
If you wish to file an application in the Supreme court you can do ti yourself. The forms are online but the issue is when you file the matter will be listed and you will have to attend if the other side refuse to comply.
The executor can only be reported to the court through a court action.

Customer reply replied 8 years ago

Hi Leon

Thank you for your help on the information you have supplied to me.

At least now I am more informed on the options I have and the path we may have to take.

thank you again

Hi Leon

Thank you for your help on the information you have supplied to me.

At least now I am more informed on the options I have and the path we may have to take.

thank you again, I have tried to highlight excellent service in the response area however it wont accept this.

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning
Good luck with it.
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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