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If an inheritance is to be shared between two siblings, ie…

Customer Question
If an inheritance is...

If an inheritance is to be shared between two siblings, ie property, remaining $"s in bank account, can one sibling be advantaged over the other?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

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

The will exists, but am unsure as to its whereabouts.I am told a copy is with a solicitor, given 9 years ago but no other information is given. I am worried.My mother introduced me to a solicitor when sorting out my father's will.She referred to me as her Power of Attorney when it was her time.Since then she has had my sister be signed instead, who is now claiming all house and garden items.Can she do the same with the sale of the house etc?

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

I don't think so.I am just wanting to know if I am protected, or what are my rights.Thankyou, Ali

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
1/8/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,723
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 1 month ago

where the will is clear that the estate must be divided equally, and if one beneficiary has received a greater benefit than the will directed, the other beneficiary may rise a claim against the executor for compensation for failure to properly act with distribution

does this answer your important question today ?

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Customer reply replied 1 month ago
Can the will be altered so that one sibling is cut out?
Solicitor: John Melis, Lawyer replied 1 month ago

no it cannot, unless the testator, issued a codicil or wrote a new will.

have I answered your question today ?

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Customer reply replied 1 month ago
Can the testator cut one sibling out upon request of the power of attorney,(the other sibling?
Solicitor: John Melis, Lawyer replied 1 month ago

no,

the power is different from a will.

and the will stands on its own.

i have extended a special offer to talk on telephone if you prefer ?

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Customer reply replied 1 month ago
I accept the phone offer of $7
Solicitor: John Melis, Lawyer replied 1 month ago

please accept the offer and we can talk on the phone.

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Customer reply replied 1 month ago
I accept the $7 offer
Solicitor: John Melis, Lawyer replied 1 month ago

its not showing up on the system yet.

did you put in a valid credit card ?

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Customer reply replied 1 month ago
There is nothing coming up to pay the $7, by PayPal as did before.
Solicitor: John Melis, Lawyer replied 1 month ago

ok.

with the telephone offer you will need to use a credit for this service.

just enter a credit card number and we can talk straight away.

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Customer reply replied 1 month ago
I don't have a credit card.Frustrating!
.
Solicitor: John Melis, Lawyer replied 1 month ago

then what you can do is pay for the call by Paypal then the system should release as well.

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Customer reply replied 1 month ago
Payment has gone through
?
Solicitor: John Melis, Lawyer replied 1 month ago

ok, great

I will just wait for the system to release the information be able to then call you.

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Customer reply replied 1 month ago
Ok
Solicitor: John Melis, Lawyer replied 1 month ago

i am not sure if payment has gone through as I do not have access to that detail.

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Customer reply replied 1 month ago
I give up.Ive paid $81 but nothing comes up after ACCEPT To make a payment.System glitch??
Solicitor: John Melis, Lawyer replied 1 month ago

ok.

lets keep chatting this way.

so tell me what you would like to do about the issue ?

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Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

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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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