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If a family member died owing you a debt from a business, am…

Customer Question
If a family member...

If a family member died owing you a debt from a business, am I entitled to be paid out by the estate before the division between the airs which includes myself?

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

Qld

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

The family is refusing to tell us which solicitor it’s through or show us a copy of the will. We have years worth of tax documentation proving our claim. My Mother sold our gold mine lease which I ran as a business incurring all costs and purchased all the machines etc in accordance with our tax returns and depreciation schedules. My mother sold it walk in walk out and I agreed to her paying me the amount in full after she passed.

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

There’s also been a workers compensation payout and they are refusing to give any information about this either. All they will say is our share is $10000.00 and they will only send a cheque. My Mother died in early May 2017

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/14/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

If You Can Substantiate the Debt then you must send a copy of the debt to the estate executor.

Have they advertised for probate yet?

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Customer reply replied 4 months ago
We live in a different area and have not had any notifications about it
Solicitor: Leon, Solicitor replied 4 months ago

In Queensland as a New South Wales before probate can be applied for the executors through their solicitors advertise and request if there are any creditors that are owed money by the deceased to declare that debt

As you are a creditor you have a right to request the money be paid back.

If the estate does not have any assets then there is very little that you can do.

If you are a beneficiary as well, you are entitled to see the will, and also request details of the estate.

If you believe that the executor is not acting in the best interest of the estate you can seek to file an application with your own solicitor to have them removed.

But you can claim the debt but you must do within time So that it is disclosed the probate.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

I am just following up my last post.

Is there anything else I can assist you with?

I look forward to hearing from you.

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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