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My father died many years ago in NSW and my brother was
My father died many years ago in NSW and my brother was appointed Administrator of his estate. My sisters and I wish to sell the property and share the proceeds but my brother is reluctant. How do we … read more
John Melis
John Melis
Lawyer
3,800 satisfied customers
Our Father passed away 13 mths ago leaving my brother the
Our Father passed away 13 mths ago leaving my brother the executor and I the house, he is living in it but wont pay rent,being executor he is not to profit from his position, is that right ? … read more
John Melis
John Melis
Lawyer
3,800 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
28,101 satisfied customers
Second opinion] Can a lawyer pay out any bequests made by a
Second opinion] Can a lawyer pay out any bequests made by a valid will after Probate, but PRIOR to the six month period required before settlement of an estate in Western Australia?… read more
John Melis
John Melis
Lawyer
3,800 satisfied customers
The Executor of my mother in laws estate, has failed to
The Executor of my mother in laws estate, has failed to disclose money found inside the home and also has sold household items. No mention of this was included the "distribution letter" received. Can … read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I am the executor of my fathers estate and sole beneficiary.
I am the executor of my fathers estate and sole beneficiary. His estate comprises of one motor vehicle, a few shares, small amount of cash and a property he owns with his brother (held as tenants in c… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
I have been told that it is possible for an executor of an
I have been told that it is possible for an executor of an estate to apply to the Supreme Court for an order which will instruct another executor to act on a particular matter. This order is issued un… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
My mother died recently leaving a will, but did not appoint
My mother died recently leaving a will, but did not appoint an executor. She had three children, my eldest sister died subsequent to the will being made. In accordance with my mothers wishes, her esta… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My brother recently died in Queensland where he resided for
My brother recently died in Queensland where he resided for the past 21 years. I am the executor of his estate, a beneficiary and his next of kin. He never married and had no issue. His only will was … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,988 satisfied customers
My husband passed away on the 03rd FEb from complications arising
My husband passed away on the 03rd FEb from complications arising from treatment in the USA. Lawyers over there are dealing with this but the question has been asked about " wrongful death statue " in… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
Hi, I had some feedback from Leon Rizos about my fathers
Hi, I had some feedback from Leon Rizos about my fathers' estate on 27/9/2011. My father died on 16/4/2011 and my oldest brother was named Executor. He is a very difficult person to deal with and is h… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
SUCESSION ACT NSW. IF A DEFCTO COUPLE MAKE A WILL, DOES
SUCESSION ACT NSW. IF A DEFCTO COUPLE MAKE A WILL, DOES THE FACT THAT THEY LATER MARRY HAVE ANY EFFECT ON THE VALIDITY OF THAT WILL ?… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
1 In relation to the executors of an estate is it necessary
1 In relation to the executors of an estate is it necessary for all decisions to be unanimous or if agreement is not possible can the majority decision prevail? In the present situation one of the thr… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
When a will turns up after the letters of Administration have
When a will turns up after the letters of Administration have been granted to someone else and the assest gone what can be done, particularly when a solicitor was holding the will of the deceased pers… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hello, I am one of four children, two of us living here in
Hello, I am one of four children, two of us living here in England and my two brothers are resident in Australia, where our Mother died in 1998.In her will she requested that her estate be divided bet… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
I hope I am not being paranoid but I have a feeling my mother
I hope I am not being paranoid but I have a feeling my mother and the other 6 beneficiaries are not going to be treated fairly with an estate that has been left to them. That being said my mothers aun… read more
D. Coleman
D. Coleman
Solicitor
Bachelor's Degree
795 satisfied customers
I have been left a rental property in my fathers will. The
I have been left a rental property in my fathers will. The executor will not speak to me. How do I know if the property is being kept rented and also insured. The executor also had power of attorney. … read more
Katrina Bell
Katrina Bell
Barrister Sole
Bachelor's Degree
468 satisfied customers
Both my parents are deceased, my mother died 31.10.08. My
Both my parents are deceased, my mother died 31.10.08. My nephew is Executor and due to an extremely dysfunctional family situation this is very complicated. But he has not applied for probate and I w… read more
Alex Nelson
Alex Nelson
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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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