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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44663
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband died last month after being in a nursing home for

Customer Question

My husband died last month after being in a nursing home for a little over 12 months.When he was admitted to the home I paid a RAD which is a refundable deposit for $295,000. This and all the ongoing costs were paid by direct debit from our joint account. All our assets are in joint names so there is no need to go to probate but the nursing home will not release the money which I have asked to be returned to the joint account until I go to probate. As my husband has no other assets and all moneys came out of our joint account. I feel it is unfair to ask me to pay 5 0r 6 thousand for probate when I have been the one paying and signing for all the bills incurred at the nursing home. We have a will which states me as the beneficioryof he assets even though all our assets are in joint names. Can I do anything to return our money without going to probate
JA: Estate laws vary by state. What state are you in?
Customer: NSW
JA: What documents or supporting evidence do you have?
Customer: I have bank statements which show the direct debits and a copy of the will
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 4 months ago.

Good evening.

You may have to go to probate to get the RAD back.

For everything else you are fine you send a certified copy of the Will and death certificate and you will become the sole owner.

They usually ask for probate if there is an asset solely in the name of the deceased and it is over $100,000.00

This is to protect themselves.

You can send them a copy of his will and the death certificate and ask they release without probate and you are prepared to sign and indemnity if there is any claim. If they accept his once you sign then they will release.

I have just had to file for probate in a similar matter. The home was not prepared to accept the indemnity.

But you can only try.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further

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