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I would like to know what I can do to sort out my fathers…

I would like to...

I would like to know what I can do to sort out my fathers will, he left half his estate to both my sister and myself, my father passed in 2012 my sister is the executor, and she is being difficult

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

Victoria, I live in WA

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

I have no documents, I only know that the will was in probate for approx 9 months

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

Yes my fathers property is being rented out by my sister since approx September 2012, I was getting for a short time a portion of the rent, until a falling out with my sister, she then stopped payments, I would like to know if I am still entitled to recoup any of that money

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Answered in 5 minutes by:
3/21/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
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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Good Morning

If she is not acting appropriately to have the estate probated then you as a beneficiary will need to approach your own solicitor and seek to have her removed as executor and yourself appointed as the administrator of the estate.

You will have to have a letter sent to her asking her to proceed with the probate and if she fails that you seek to have her removed and seek she pays the costs.

From the date of your fathers passing all rents form the property are part of the estate and you are entitled to a share as per the will.

You can contact the court and ask if probate has been granted and if it has then you can ask more questions on why it has not been distributed.

She cannot use the estate for he own benefit. She has to act promptly for the benefit of the beneficiaries.

If you do not have your own solicitor you will have to get one and the law society of WA will give you names of Solicitors that practice in succession law.

Their website is as follows

https://www.lawsocietywa.asn.au/

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

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you very much for confirming what I thought, I what I have to do regarding rent, and my fathers estate, regards Karen

Good Morning

All the best and good luck

Regards

Leon

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