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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44877
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My siblings are executors have frozen me out of the estate.

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my siblings are executors have frozen me out of the estate. they are refusing to give information because i get upset about the bad decisions they make that effect me. we had the choice for funds to be released earlier and they won't. no basis for their decision was given. i think my sister is acting in conflict of interest. i'm trying to get early release, but they are refusing. there was a verbal agreement between my sister and father before he died she wouldnt do this sort of thing.
JA: Have any legal documents been drafted or filed?
Customer: i don't know how to. probate has been granted. i cant afford a lawyer, and they are counting on that to do what ever they want. they also knew prevously i might be able to make a claim on the estate and they sent me docs to sign saying things would be equal
JA: Estate planning laws vary by state. What state are you in?
Customer: victoria. i want to take it to court with medical docs, but i don't know how
JA: Anything else you want the lawyer to know before I connect you?
Customer: does it cost money?

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.

Good Afternoon

Did you parent leave a will and have the executors collected the assets since obtaining probate?

You will not have to pay for a lawyer as any estate proceedings the money comes out of the estate.

So do not feel that you cannot see a lawyer to start an action because the estate will pay all costs.

Any agreements that have no bearing on the Will are not valid unless the court makes orders changing the will.

Customer: replied 2 months ago.
it was a verbal agreement between my sister and father, he trusted her to do the right thing.otherwise he may have put in protections for me.how do i challenge my siblings who are executors decision making when they just do what ever they want?so if i have to challenge the decisions they are making I can make the estate pay. I have been accused of running up the legal bills - but they keep making decisions that hurt me and I am really sick and vulnerable.My sister has millions of asetts on her partners side. she is evil.I was told she doesnt have to take my personal decision into consideration and equity only counts in terms of having funds equally distributed even if someone (me) is more vulnerable than the others.

Good Afternoon

She has an obligation to look after the estate for the beneficiaries and comply with the will under the law. If she does not then you can seek orders.

If they are mismanaging the estate and losing money you have a right to challenge them.

You will need to get details as to what they are doing copies of probate etc and then get advise on the documents you have. if it is seen that they should distribute and are refusing you can take them to court and seek orders to distribute and seek they pay the costs for not complying with their obligations.

She does not have to listen to anyone. She is the one in charge but she has to comply with the will and collect assets and distribute them. She has to comply with the Will.

If she is not then you can take her to court and seek she is personally liable for any costs. Make sure all requests and in writing and you keep copies.

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 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

Leon and other Australia Law Specialists are ready to help you

Good Afternoon

All the best and good luck

Regards

Leon