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My mother passed away on 1/1/18. At the time of her death…

Customer Question
Hello, My mother passed...

Hello, My mother passed away on 1/1/18. At the time of her death she was in a nursing home at Narrabundah. Her only asset was some $60K in a bank account with bank at Deakin. She had a will which was for the nsw trustee to be executors and administrators of her will - which has myself and my brother as receiving one third each of the final assets, and my sister and her daughter to share the other third. My other two sisters did not receive anything in the will, nor do they want anything.

Lawyer's Assistant: What documents or supporting evidence do you have?

The NSW trustee renounced the will because the only assets are in the ACT so they said we would need to get either the ACT trustee, a lawyer in the ACT or a family member in the ACT who could apply to supreme court for probate so that the Alliance Bank would release the funds as per the will. At one stage the Bank thought they could release the funds without us going through Probate but after the 4 of us completed all the forms and sent in certified ID etc, they find they cannot release the funds without the Supreme court authority. I have the original of will and original of death certificate. Can you prepare the appropriate documents and lodge with court - or refer me to an ACT lawyer to do this for us.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

I, and an elder sister and grandaughter are in qld. Brother in NSW

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

That's a fairly complete summary.

Submitted: 1 month ago.Category: Australia Law
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Answered in 1 minute by:
3/16/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,380
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 1 month ago

do you have a copy of the probate documents ?

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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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