How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
Type Your Australia Law Question Here...
Deborah Awyzio is online now
A new question is answered every 9 seconds

Is my name. JA: Thanks. Can you give me any more

Customer Question

***** ***** is my name.
JA: Thanks. Can you give me any more details about your issue?
Customer: Basically my father died a year ago aged 67. He hadn't touched his super, it was with ATO for. Number of years as USM; unclaimed super money. Basically the deceased estate is being taxed for a portion of that USM as there was no dependants. However, and this relates to previous queries you've had, can a retrospective claim be made to have an non-deoendant seen as dependant retrospectively due to no child maintenance or support having ever been made. My parents divorced in 1985. I was 18 till 1989. My point is also that even though he hadn't touched his super at 67 and that it was USM that he was technically energies to it tax free, but because it's still seen as being in a super environment though it really isn't, it's wth ATO,and there is no dependant under tax law thought super law might see it differently the deceased estate is taxed. Is there a way out of paying this tax on super given the fActors of have stated above? He died in NT.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy 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 advice but a guide to assist you.The tax is not because it is with the ATO it is because it is going to non dependants and people that are under the preservation age. The only way to not pay tax is to show that a beneficiary is over the age of 60 and they can take tax freeIf under 60 then tax has to be paid. Have you applied for letters of administration or probate if he had a will?