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My father recently passed away. My mum and he divorced 10…

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Hi there, my father recently...
Hi there, my father recently passed away. My mum and he divorced 10 years ago. My father remarried to a woman 10 years younger than him (he was 65, is 57). I do know that my dad changed him will so that everything Goa to her, but she had indicated that if there is enough money in dads super (his only real inheritance), but now, in a conversation with my brother, she's now telling up that she can't touch Dads super until she I 67. Which I didn't think was correct. I though that if you die, all your super funds and any life insurances (none here) went straight to the main beneficiary, or if not name, to the estate. Otherwise your getting situation where a 4 year might loose a parent and not be able to touch their parents super until they are ALSO 67' which is ludicrous. Can you please advise
Submitted: 2 years ago.Category: Australia Law
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Answered in 5 hours by:
2/8/2016
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,939
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

That is not correct.

She is lying.

The super can and will be released because he has passed away.

You and your brother have a right to contest any will and are also going to have to sign for the super to be released.

You need to get your own solicitor to act for you because you have rights to a share of the estate as he was your father and she is not your mother.

She is not telling you the truth.

I hope this makes sense and is of assistance. If there is nothing further

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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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