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My ex husband and I just passed away. We were in touch and…

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My ex husband and...

My ex husband and I just passed away. We were in touch and he wanted to come and restart our relationship. I went to his funeral yesterday. In Fremantle. We were together from 1980 until 1996. We were married for ten of those years. We still dated after we were divorced. We both moved close to each other. We did not have a property settlement. My question is can I claim any superannuation from the time we were together from his estate. I doubt he made a will. He was usually drunk and procrastinated stuff. We always intended to be together but he could not give up beer and I told him he had to not drink around me if he came down here, I live in Busselton, he lived in Point Walter, if he was going to be with me. It was always an issue. The end point in our marriage came when he shot a hole in the ceiling of our home. My point was the irrisponsibility of that. What if it has been his face? What would I have thought? It was an accident.

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

Western Australia

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

About what? The shooting the police granted me a restraining order to get him out of the house. Family Court granted us a divorce but we had no children so there was no custody part to the divorce and no property settlement. We just amicably divided stuff up.

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

He bought a house with someone else a few years ago. It was his house but he put it in both names and so he was happy for her to have that house when he moved out, which he was planning to do shortly.

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/20/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 6 months ago

would you like to make a claim against the estate of your late ex-husband ?

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Solicitor: John Melis, Lawyer replied 6 months ago

the way to make a claim is through what is known as Family Provision.

It is important that you put the executor of the estate, whether there is a will or not, that you are contesting the distribution of the will. This process will stop the distribution of any funds until your claim of right settled.

Every matter you raise needs to be in writing. Where you are able to support your claim, you will have a good chance to secure a division of the asset pool.

does this answer your important question today ?

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Customer reply replied 6 months ago
How do I find out the executor. Is there a public record?
Solicitor: John Melis, Lawyer replied 6 months ago

yes there is

you just need to attend the registry office of the Supreme Court Probate division and present the name of the deceased, date of birth, estimated date of death and a search will be done. There is a small court fee for this process. The information will then be provided to you.

I have extended a special offer to talk on the telephone if you need, please have a look.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

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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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