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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Have just received a letter from a Central Coast

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Hi...have just received a letter from a Central Coast solicitor...(I live in ACT..)...regarding my mothers estate in which a cheque for $30k was there..however I have not spoken with my mother or brother for 10 years...& now I have just found out that my mother ha died late 2016 7 probate has been done...& I was not informed about my mothers death or illness...& this has just turned up...(a bit callous..!)...also I checked the sle of mum's house in November..& it sold for $525k...!!
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: It is in NSW...but I'm querying the estate amount....I know that there may be others in he will...but with only 2 sons..it doesn't seem right to me...but I haven't spoken to my brother for a while...but can probte be done without informing me of the death and will procedures...is there any chance of contesting and is it worth it..it seems like they gave me this amount as a token offer...I'm most upset I have not been informed o any of these happennings..
JA: Has anything been filed or reported?
Customer: The letter from the solicitor was dated 20.12.16...with a cheque for $30k.as legacy from the executors of the estate...this was the first I knew of mum's death..!....also the solicitor in question is not back at work until 16.09.16...so I couldn't contact him..
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know where I stand in this matter....as I have had no say in mum's estate...nor was I informed of her death...(for some reason..)...and it is most upsetting..
Customer: replied 7 months ago.
the house is now on a real estate website to rent at $450 per week...I do not know who owns the house now...& I do not know any details of my mothers death,time or any illness..thanks

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Good Evening.

You have a right to ask for a copy of the will and if you wish to challenge it you have 12 months from the date of death and I suggest you move on this very quickly.

You have no say as a beneficiary but if you believe you have not been properly taken care of you can challenge the will.

Here is some information for you.

http://www.armstronglegal.com.au/contested-wills/contesting-a-will/nsw

But you have to move quickly. You can apply to the supreme court and get a copy of the probate. It is called an exemplification and that will have the will and also the details of the assets if you cannot wait until the solicitor comes back There is a fee to be paid. You can even get to see the file the court has with all the affidavits. The forms are on the following link

http://www.supremecourt.justice.nsw.gov.au/Pages/sco2_formsfees/SCO2_forms/SCO2_forms_subject/probate_forms.aspx

You will need to have a solicitor represent you. The more you do your self the less they have to do and costs will be less even though they come out of the estate.

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

Customer: replied 7 months ago.
Leon's information was very valuable...at this stressful time....I have gone on to the recommended websites and am proceeding from there...
Thanks for the informed help..
Peter

Good Morning.

All the best and good luck Peter. I am happy to have been of assistance.

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