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My mother aged 95 has died. I am the executor of her will

My mother aged 95 has...
My mother aged 95 has died. I am the executor of her will and sole beneficiary. The total assets are approx $450 000. I also hold her Power of Attorney.
Does the will need any form of registration or can I take posession of her assets?
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Answered in 1 hour by:
9/12/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,296
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

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Good Evening

I am sorry to hear about your loss and I will do my best to assist you.

The power of attorney has ceased to have effect. You need to apply for probate and once you are granted probate you are officially the executor and you can sign all documents and finalise the estate.

If you use the POA you are in breach of the law and it is an offence of fraud.

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

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Customer reply replied 3 months ago
Probate should not be an issue as the asset base is small and the will should not require probate.My question is more basic. Can I go ahead and execute the will or are there steps to first undergo

Good Evening

Unless probate is granted you are not appointed as executor. Therefore you cannot execute the will.

$450,000.00 is not a small asset base. Most jurisdictions require probate fro anything over $75,000.00

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Customer reply replied 3 months ago
Thank you.You have answered my query. Presumably I apply for probate through the court via a special application ?Regards

Good Morning

You have to file the application with the Supreme Court.

Each state has their own requirements and you should use a solicitor so that it is done correctly with all advertising is undertaken.

All the best and good luck

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,296
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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Leon
Leon
Leon, Solicitor
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Satisfied Customers: 45,296
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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