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My son passed away in September his employer tried to put…

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My son passed away...

My son passed away in September his employer tried to put his 1/4 super in by due date and money bounced back to his account. I have called many times and have been told both my sons accounts are inactive but was not told the second one had become inactive it was open in July. I've been told once the super goes in account will become active insurance money and fees deducted for that 1/4 and I will be able to make a claim on the death cover. Is this correct

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New

Lawyer's Assistant: Has anything been filed or reported?

NSW

Submitted: 9 months ago.Category: Australia Law
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Answered in 1 hour by:
11/16/2017
Solicitor: John Melis, Lawyer replied 9 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. 

Kind regards
John Melis
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Solicitor: John Melis, Lawyer replied 9 months ago
Have you contacted the super fund directly in writing on this important matter yet ?
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Customer reply replied 9 months ago
No I prefer chat thank you
Customer reply replied 9 months ago
I have called many times to be told account is inactive contact employer or ato. I have done both and it gets me no where
Solicitor: John Melis, Lawyer replied 9 months ago

Did you contact them in writing ?

I have sent you a special offer to talk on the telephone if you prefer ?

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Customer reply replied 9 months ago
hello I would prefer emailing ? am I going to answers or is this just another way of getting money out of desperate people
Solicitor: John Melis, Lawyer replied 9 months ago

did the super fund respond back in writing ?

And what did they say ?

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Customer reply replied 9 months ago
they said the account is not active. the employer put money in and it was rejected . the new account they say is not retested but I have a letter saying it is its dated 31.7.2017. they closed the account with out telling anyone
Customer reply replied 9 months ago
I have been told by many of the hesta employers that once employers put money in it is reactivated or a new account is set up Hesta is not letting employer put money in for the quatre
Solicitor: John Melis, Lawyer replied 9 months ago

What you need to do now, is have a lawyers letter issued to address the confusion between the parties, and that should then clean up the matter.

This will be the easiest way to deal with the next step.

How much money is involved ?

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Customer reply replied 9 months ago
that way he is not covered by insurance and I can not claim
Customer reply replied 9 months ago
the super is only about $1200 its the death cover my daughter and I need. My son was only 20
Solicitor: John Melis, Lawyer replied 9 months ago

Thank you. Understand.

The next step is to issue a legal notice to clear the confusion up. It might take 2 letters to follow up.

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Customer reply replied 9 months ago
why was I charged $98? I did not authorise that
Solicitor: John Melis, Lawyer replied 9 months ago

When you posted your fist question you would have select several options and one of these would be related to the charges. You can raise a query from the help menu in your members area and just answer will respond to you.

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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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