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My mother died 3 months ago I am not mentioned in the will…

Customer Question
My mother died 3...

My mother died 3 months ago I am not mentioned in the will because I had declared bankrupt 2.5yrs earlier and mum knew it would just be taken from me. But my daughter is getting my share because she looked after mum until her death. The executive of the will is not communicating at all with her.. He has sent a message to my 2 sisters and brother saying he is having a meeting at mums house for them to go through her property. My daughter has not been told. My question is can i contest the will for her belkkngings only

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

Qld

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

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think they have justput paperwork in for probate

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/18/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,310
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 ***** *****

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Solicitor: John Melis, Lawyer replied 8 months ago

yes you can raise a claim for family provision in respect to your daughter's rights, and items of interest in regards ***** *****

You will need to file a caveat against the probate, and issue notice to the executor of the will under your daughter's name and your name.

Have you issued a formal notice to the executor yet ?

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Customer reply replied 8 months ago
My daughter is over 18. I was wondering what my rights are as to whether i can contest the will as i am not in it
Customer reply replied 8 months ago
Cant afford that right now sorry. Just wanted to know xan i contest will
Solicitor: John Melis, Lawyer replied 8 months ago

Yes you can contest the will under the family provision laws.

This will require you to lodge a caveat against the title in the Supreme Court and notify the executor of the right of claim you seek.

Have you issued written notice to the executor yet?

Generally, the executor will try and settle the matter without court proceedings.

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Customer reply replied 8 months ago
who calls the money has co e out of account
Solicitor: John Melis, Lawyer replied 8 months ago

can you please explain your comment a bit further please ?

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 8 months ago
I did click on that and the money was taken out no one has called me
Customer reply replied 8 months ago
Ok you put up iif you want a call pay $82 which i did the money has come out of my account but no called me?
Customer reply replied 8 months ago
I accepted the previous offer for a phone call so and didn't get a call so why did i get another offer. So do i get a refund
Solicitor: John Melis, Lawyer replied 8 months ago

Your initial payment was for question raising .

I have extended a special offer to talk on the phone which you can accept if you prefer, which that offer is between you and me only.

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Customer reply replied 8 months ago
I am confused i pay the first part which then took me to you than asked a questioned and then was offered if you want a phone call pay 82 got no call now its 7 for a cll
Solicitor: John Melis, Lawyer replied 8 months ago

I am sorry for the confusion.

I will try an assist you with an explanation.

When you raise a question post there is a charge, which is what you select when you post that question.

The just answer system during the question phase will ask if you require a telephone call.

If you do not accept that telephone call, which is an additional fee, you can keep talking with the lawyer in the chat.

Then the lawyer, as I did, can then make an offer to talk with you as required by telephone.

So from what I can see from this post, is that you have only been charged for the initial question raised.

I would be very happy to talk with you on the phone if you like ?

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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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