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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: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/8/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
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 6 months 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 6 months ago
Can the will be altered so that one sibling is cut out?
Solicitor: John Melis, Lawyer replied 6 months 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 6 months ago
Can the testator cut one sibling out upon request of the power of attorney,(the other sibling?
Solicitor: John Melis, Lawyer replied 6 months 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 6 months ago
I accept the phone offer of $7
Solicitor: John Melis, Lawyer replied 6 months ago

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

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Customer reply replied 6 months ago
I accept the $7 offer
Solicitor: John Melis, Lawyer replied 6 months ago

its not showing up on the system yet.

did you put in a valid credit card ?

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Customer reply replied 6 months ago
There is nothing coming up to pay the $7, by PayPal as did before.
Solicitor: John Melis, Lawyer replied 6 months 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 6 months ago
I don't have a credit card.Frustrating!
.
Solicitor: John Melis, Lawyer replied 6 months 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 6 months ago
Payment has gone through
?
Solicitor: John Melis, Lawyer replied 6 months 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 6 months ago
Ok
Solicitor: John Melis, Lawyer replied 6 months 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 6 months ago
I give up.Ive paid $81 but nothing comes up after ACCEPT To make a payment.System glitch??
Solicitor: John Melis, Lawyer replied 6 months ago

ok.

lets keep chatting this way.

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

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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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