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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5776
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am currently my mother's enduring power of attorney as she

Customer Question

Hello,
I am currently my mother's enduring power of attorney as she is going grieving through the loss of her husband (my father) who passed away last Saturday. I've been updating his details and helping my mother out during this period of hardship. She can no longer live in the house in which they own. Could you please advise what she will have to do to sell the house as it is in both names?
The house is fully owned by my parents, no mortgage and my father did not do a will.
Looking forward to your reply.
kindest regards,
Sonia
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.

Hello
No will is not an issue, still married, your mum gets everything.

http://www.courts.qld.gov.au/courts/supreme-court/wills-and-estates-probate/steps-to-follow

Expert:  Daniel replied 2 years ago.

You do need to however undertake probate.
This is where the estate is transferred to your mother's name

Expert:  Daniel replied 2 years ago.

The link above gives the procedure.
Although it looks difficult, it isn't terribly hard.
If it is a bit too hard, a solicitor can do it for around $1200

Expert:  Daniel replied 2 years ago.

Hello
I can give further assistance if need be.
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