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My mother passed away in Brisbane Qld late Oct 2016. She
Good evening, my name is***** mother passed away in Brisbane Qld late Oct 2016. She left a will which she wanted distributed in percentages to her 4 children. My brother was named executor and if he w… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,672 satisfied customers
As I understand it, probate is not required in Queensland
As I understand it, probate is not required in Queensland for very small estates, my wife's father has passed away and his only assets are under $10,000 in the bank. She is the executor and the sole b… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
Can I please seek some advice? I am dealing with a Life
Can I please seek some advice? I am dealing with a Life Insurance company (Challenger) to try and get the beneficiary of the policy paid out. The policy was taken out by my Father-in-law (I was his POA) whom passed away in 2011. The beneficiary is my mother-in-law (I am her POA) and she was named as the executor of the will. Challenger has requested a certified copy of the death certificate (already provided) , some internal forms to be fill out and signed by my mother-in-law (provided). They have requested a copy of the will. In the move to the home where she currently resides, she has lost the will. It was never registered with a solicitor, so there is no trace of it. I have explained this to the company a couple of times and to fix this situation, I need to supply a Letter of Administration from the Court or a probate letter and they suggested I engage a solicitor to work through this. The amount of the payout is around $4K, so is not worth employing a solicitor to gain the money due to my mother-in-law as beneficiary of the policy. Can you please help me to sort this out? As I see it, unless I can employ a solicitor, mum does not get the policy payout she is entitled to. Any assistance would be greatly received. Time is of the essence, as Mum is elderly and I am not sure is still capable of signing any papers. Thank you. *****: What state/territory are you in? It matters because laws vary by location.… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
My father passed away last month leaving behind a couple of
Hi, my father passed away last month leaving behind a couple of credit card debts that his estate won't cover. As far as we can tell they are all in his name alone but mum is an additional card holder… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,988 satisfied customers
BACKGROUND INFORMATION My Dad passed away leaving Mum as the
BACKGROUND INFORMATION My Dad passed away leaving Mum as the major beneficiary of his estate. She was also the Executor of his will. Mum has now passed away. I am not certain she had completed executi… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
My mother passed last year on 20th June 2016, my niece has
My mother passed last year on 20th June 2016, my niece has advised her mothers public trustee (3 years ago appointed due to mental health). My parents solicitor not advised beforehand whom is looking … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,988 satisfied customers
My Dad has recently passed away and his will states that his
My Dad has recently passed away and his will states that his wife (mum) is to be sole executrix/trustee. Mum and Dad have been divorced for a while and Dad didn't do a new will. Does this mean Mum is … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,988 satisfied customers
We have paid a refundable bond father's nursing home. He has
We have paid a refundable bond for our father's nursing home. He has now passed away but our mother is still in the nursing home. Once we have probate, do we have to ask for the bond back straight awa… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
I am the trustee/executor of my father's will. The first
I am the trustee/executor of my father's will. The first beneficiary was my mother then my brother and I. Mum has advanced dementia and lives in permanent care. Her pension covers all her nursing home… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
My 3 brothers were executors mother who passed away 3 years
My 3 brothers were executors for my mother who passed away 3 years ago. One brother has since passed away and there is a small amount in an account of our mother that they wish to withdraw as the mone… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
,can an insurance policy of a deceaced estate, be paid
Hi ,can an insurance policy of a deceaced estate, be paid out to a relative of deceaced (sister) when the Public Trustees are the administrators of the estate. and the insururace company did not compl… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
My mother recently passed away and left her entire estate to
My mother recently passed away and left her entire estate to "her grandchildren". My sister is the executor of the estate and has sought legal help in administering the estate. My sister os not making… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
My mother has passed away on 15/4. she is a dual South African
My mother has passed away on 15/4. she is a dual South African and NZ citizen and has been a "temporary resident" as a New Zealander in Qld Australia since 2008. She has a legal will that has been don… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
I was named executor of my mothers will. Prior to mums passing
I am executor of my mothers will. Prior to mums passing I was named as sole administrator by the Public Trustee. For two years I managed all her affairs. All accounts were submitted to the Public Trus… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
My mum died, and 5 days later my dad died. I heard that if
My mum died, and 5 days later my dad died. I heard that if the remaining partner dies within 28 days, the second will is ignored and it all reverts back to mums will. Is this true? and is it the same … read more
Patrick H.
Patrick H.
Principal Solicitor
5,422 satisfied customers
My father is terminally ill with little time left. If my mother
My father is terminally ill with little time left. If my mother is the sole beneficiary in his will what powers does she need to access his financial and real assets (eg car, Super, Bank Accounts, etc… read more
Leon
Leon
Solicitor
Master's Degree
48,118 satisfied customers
My mother passed away in QLD in December. She left a simple
My mother passed away in QLD in December. She left a simple Will with myself and brother as beneficiaries. Her only assets were a modest bank account and an accommodation bond which is still held by Q… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
We own a house in QLD as tenents in common equal shares three
We own a house in QLD as tenents in common equal shares three persons involved myself my partner and my step father who has just passed.My brother is the executor of his affairs and he is happy to sig… read more
Peter G.
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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