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My mother has passed away and I am now a beneficiary to her…

My mother has passed...

My mother has passed away and I am now a beneficiary to her will. I am however under bankruptcy and want to know if I can disclaim my inheritance. Can this be done?

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

New South Wales

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

Not yet.

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

My mother has property that is yet to be sold. I have four other siblings who all are aware of my bankruptcy and understand my wish to decline my inheritance.

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Answered in 5 minutes by:
1/23/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,936
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Customer reply replied 6 months ago
Can you please tell me how much it would cost for you to call me?

Good Evening

I am sorry to hear about your loss.

You can do it but you will need to get a court order.

Probate will have to be applied for and with the probate you will have to file a detailed affidavit renouncing your right to receive any of the assets.

Your siblings will have the right to recieve the assets but yoi have to be aware if they recieve and later refuse to give it to you there is nothing you can do.

The call will be $82.00

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Customer reply replied 6 months ago
Thank you for your time, however I am unable to pay that much at this time.
My mothers will says that if a beneficiary passes away the benefit will then go to their children. Would this then be the case if I decline my benefit. I hate the thought that my mothers money would go to covering my bankruptcy. I would prefer it to be forwarded to my two children so they can put it on their respective morgages...
Customer reply replied 6 months ago
Are you still there Leon?

Good Evening

I am happy to continue here.

If you decline your benefit, because you are surviving your mother then your gift would go to your siblings.

They also have the right to challenge the will.

You cannot choose who receives the gift. As the will says your children recieve the gift if you are not alive at the time of your mothers passing, they do not receive the gift when you renounce.

Not knowing your financial position, I cannot advise you. But when I have clients in this situation I try and negotiate with the trustee to see if they will accept a less amount and pay as a lump sum.

If this is agreed then the bankruptcy is over and the client can inherit.

You have to speak to your accountant about this and get their opinion.

But this is another alternative.

If you have any further questions please do not hesitate to ask. If you wish a call we can arrange that as well.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 6 months ago
Thankl you so much Leon. You have been very helpful.It is a difficult time at the moment and the passing of my mother was unexpected. I know she would have been happy to alter her will so not to see it lost to my creditors etc. I feel guilty for my financial position and did not disclose it to her prior to her passing.Thank you again.
Leeanne.

Good Evening

I can imagine. These times are very difficult for all and you are also burdened with your financial difficulties which cannot be easy

If you have other questions please feel free to ask.

Please rate my work 5 stars so I can be paid for my work

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,936
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 months ago
Thank you.

All the best and thank you for your rating.

It is always appreciated.

Regards

Leon

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