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I reside in Perth Western Australia. I am a beneficiary to…

Hi, I reside in...

Hi, I reside in Perth Western Australia. I am a beneficiary to my mother's will. She died on 17 December 2017. My sister is executrix, she resides in Spain. I have no contact details for her. I have been in touch on a number of occasions with the lawyer my sister has engaged to deal with my Mum's very modest estate. I am unable to ascertain why the settlement is taking so long. Can you advise how best to glean this information?

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

I am in Western Australia

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

Not sure. When I contacted the Sheriff's Court some months ago they had no record and referred me back to the solicitor.

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

I don't think so.

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Answered in 1 hour by:
2/21/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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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do you have a copy of the will ?

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Customer reply replied 5 months ago
Hello John, I don't have a copy of the current will, and my mother passed on 17 December 2016 (14 months ago) (not 2017). On 1 June 2017 I received a letter from the solicitor advising that they were instructed by my sister to administer my Mum's estate. I have been left a one third share. I have two siblings, sister and brother. My concern relates to the time it is taking to finalise Mum's estate. There was a will made in 1995 but this has been superceded by a Family Protection Trust (for my Mum's house) and a new will drawn up around 6 June 2015. My mother suffered from dementia. My brother said my Mum's house has not yet been placed on the market for sale. He lives in Glasgow, and we are concerned that the house will be in a run down state, particularly during the winter months. My sister now resides in Spain.

Estate administration usually takes between 6 to 12 months depending on the size of the estate.

do you know when probate was granted ?

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Customer reply replied 5 months ago
No, I rang the Sheriff's Office in Glasgow some months ago and at that time there was nothing on their database regarding my Mum.

Ok

can you upload the last paperwork you received

I have extended a special offer to talk on the phone, please look, it will help you.

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Customer reply replied 5 months ago
Sorry John, I thought that was the app talking and rejected it. Can you forward again.

ok

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 5 months ago
can I have your email to scan docs to?

numbers are displaye d

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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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