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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.
Was your wife's name also on the title of the property?
The will does not pass debts to a beneficiary.
The debts are paid out by the estate of the deceased when they pass.
If it was a joint debt and she had a share in the house and it was not transferred out of her name the bank may not know that she has passed.
So the question is was she an owner of the house and how did she own the house? Was it joint tenant or tenant in common with her defacto?
They never severed the joint tenancy?
Can I ask who passed first your partner or the other joint tenant?
In that case her share passes to her former parter as they were joint tenants and you have no claim nom the property and the mortgage will have to be repaid with the sale of the house from her former parters estate.
Because they were joint tenants you cannot inherit anything of the house.
Unfortunately there is very little that you can do.
So I cannot be of any further assistance.
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