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Tina my daughter passed away in aug she left 3children in…

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Hi Tina my daughter...

Hi Tina my daughter passed away in aug she left 3children in care of the minister single mum Kate made me the executor and a beberfcary too her Benidorm and the children I hve claim ed the organisation claim I’m not there legal gardain I don’t deserve any money and it should go too the children all of it. Kate has given me instructions under no circumstances r docs etc r too receive any money . I hve too put the money in trust for the kids till there 18 and pay her outstanding bills and I hve also been given a gift . They want the kids money and leave me nothing what can I do my name is ***** ***** too the insurance and not docs etc im worried they will get my accounts etc and take everythingg what r my rights the kids get the money from me when they turn18 I hve too give it too them I want too go by my daughters wishes there is no will but instructions too the insurance people it’s from her super cover can u advise me thks

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

N.sw

Lawyer's Assistant: Has any paperwork been filed?

Only too the insurance company how she wants it given out docs rnt consider she doesn’t want them too hve it

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

About it there intimadateing me

Submitted: 4 months ago.Category: Australia Law
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Answered in 8 minutes by:
11/22/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,397
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 4 months ago

I am sorry for your loss.

Did you daughter leave a written will ?

If she did can you upload a copy so I may review.

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Customer reply replied 4 months ago
No John kates death there was no time it just hit her she knew she could die but she did tell me her wishes and what she wanted done with her death benefit and left me too claim it .she want her bills paid divided up amongst the children and put into trust until the children turn18 and wants me too administer it too them under no without circumstances r docs life without barriers r too receive any funds she doesn’t trust them that ren will receive the money I don’t either she choose me because she trusted me we were very close. And relayed on each other and spent most of our time doing things together. Kate also left me same money as well I’d rather hve kate around and really miss her. But it’s her wishes and I hve never let her down and supported her all her life. Virginia
Solicitor: John Melis, Lawyer replied 4 months ago

In this circumstance without a ruling of the Court, the estate of Kate will have to be based on the intestacy rules.

Are you aware of the intestacy rules ?

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Customer reply replied 4 months ago
I think directions hve been left with the insurance people as well
Solicitor: John Melis, Lawyer replied 4 months ago

Would you like to talk on the telephone in relation to this very important.

I have extended a special offer to make it easier for you if you prefer ?

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Customer reply replied 4 months ago
John I’m on a disability pension I can’t afford too pay I’m sorry
Solicitor: John Melis, Lawyer replied 4 months ago

i total understand.

we can chat here.

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Customer reply replied 4 months ago
No John I’m not aware of them.
Solicitor: John Melis, Lawyer replied 4 months ago

So what would you like to do next ?

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Customer reply replied 4 months ago
At the time of kates passing and in lie kate had no assets I also think she thought what would be the use of a will. She was 36years old and u don’t except too pass at the s stuff age.i think that’s we’re we all get caught out.her belonging I just threw them all out except some of her personal items and the children
Customer reply replied 4 months ago
The stuff I hve kept for the children and a some were gift too her from me I gave her throughout her life
Solicitor: John Melis, Lawyer replied 4 months ago

As there are no real assets the father of the children will have first right to parenting unless the court orders otherwise.

You can raise a claim for parenting of the children in respect to their best interest if this is the case and necessary.

Do you have concerns for the parenting of the children ?

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Customer reply replied 4 months ago
I need my mind eased of this situation John iwant my daughters wishes done. And want too know if they can take this money from me and the children they won’t see a cent when they turn 18 if they get it. Kates wishes r and will be ignored by them they don’t care only about the money .
Customer reply replied 4 months ago
I’d like too talk but I hve any money if u feel u can’t thats ok
Solicitor: John Melis, Lawyer replied 4 months ago

Exactly how much money is involved?

As for the children you can seek an order from the court for parenting to protect them if you need.

I give you a very special offer to make it easier to talk if that helps.

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Customer reply replied 4 months ago
John I do the children father were sperm donors and had a agreement with Kate that’s all they were I want kinship of them seen legal aid and they won’t help me in that area they r in community services care ihve asked that I want them back and put into my care I don’t get a reply except no they r in the care of the minister. I visit and speak toothem I supported kate thru her ordeal of trying too get them back in a section 90kate and I didn’t do anything too those kids in the first place they were stolen from her with false aliagantions.
Customer reply replied 4 months ago
About $245000
Solicitor: John Melis, Lawyer replied 4 months ago

What you will need to do is file an application in the Family Court for parenting.

To protect this money it should be placed into a solicitor trust account, until the parenting arrangements are finalized from a legal stand point. Then only draw on those funds as and when required for the children.

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Customer reply replied 4 months ago
Ho do u do this I and Kate don’t want it too go too guardian
Solicitor: John Melis, Lawyer replied 4 months ago

Filing in the family court will need the assistance of the lawyer. Alternatively, the court website has help sections for people. Preferably a lawyer is engaged to ensure the documentation is done correctly.

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Customer reply replied 4 months ago
I do hve a solicitor helping me at legal aid but is doing it too help me his not really my solicitor they won’t give me one
Solicitor: John Melis, Lawyer replied 4 months ago

I think you will need a lawyer to help you with this process.

when you have time I can with you on the telephone to assist you.

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Customer reply replied 4 months ago
Is it thefamily court website ithe children being in the ministers care can I still apply I tried thou legal aid they won’t look at it john
Solicitor: John Melis, Lawyer replied 4 months ago

you will need to engage a family lawyer which is not legal aid.

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Customer reply replied 4 months ago
I live in Sydney ur in melbourne
Solicitor: John Melis, Lawyer replied 4 months ago

I work both jurisdictions.

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Customer reply replied 4 months ago
Will that cost me as pensioner
Solicitor: John Melis, Lawyer replied 4 months ago

The costs are based on the Family Court scale costs which are standard for lawyers to use in family matters.

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Solicitor: John Melis, Lawyer replied 4 months ago

Have I answered your questions today ?

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Customer reply replied 4 months ago
But why rnt u covered by legal aid in the family court
Customer reply replied 4 months ago
What if I talk too the family court ring them
Solicitor: John Melis, Lawyer replied 4 months ago

legal aid will cover you if legal aid is engaged to act for you.

You can ring the family court as you require.

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