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My son passed last September and his child’s mother is

Customer Question
My son passed last...

My son passed last September and his child’s mother is wanting information about his estate the child is now 14 they seperate when the child was about 2 he died with no will

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

NSW

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

I have a legal letter from a lawyer on her behalf wanting confirmation of assets and super

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

He passed away in Vietnam

Submitted: 5 months ago.Category: Australia Law
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Answered in 5 minutes by:
2/6/2018
Solicitor: Leon, Solicitor replied 5 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,700
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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Solicitor: Leon, Solicitor replied 5 months ago

Good Morning

Were they married or in a defacto relationship?

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Customer reply replied 5 months ago
The relationship was on and off
Solicitor: Leon, Solicitor replied 5 months ago

Good Morning

At the time of death if they were not a couple then mother has not got any rights.

She is not entitled.

You can apply for letters of administration and the assets would go to his son.

You will need to get a solicitor to act for you.

You will need to get his death certificate form vietnam to proceed.

If they were together then the mother of the child can apply to be the benefiiciary and administrator

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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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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