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Further to my previous questions my husbands estate is still…

Hi - further to my...
Hi - further to my previous questions my husbands estate is still not settled.
Probate was granted in May 2012
My mother in law is executor and in my husbands will it states that if she is unable to fulfill this role Russell’s uncle Tony is appointed.
There was meant to be a family agreement drawn up but nothing has been forthcoming.
I have now got copies of tax invoices showing that the legal company has been having meeting with and phone calls to and from my sister in law and my mother in laws partner. They have been dealing with them rather than Carol. Are they able to do this? I believe they are Carols power of attorney but my husbands will states if Carol was unable to fulfill this role it was to go to Uncle Tony. Other invoices state “maps out risks and alternative” “strategic responses” “sort through information re privilege material”. On top of this funds that were from the sale of partnership assets that was deposited into this legal firm trust account were accessed without my permission. They have paid themselves $60,000 without my permission. The accountant advise me and I have a copy of the email stating that if the funds went into HHGs trust account neither myself or Carol could access it without the others written permission prior to any funds being expended.
I would like to know if I have grounds to remove Carol as Executor and have uncle Tony appointed as Russell stated in his will and if I can report the accountant for giving me incorrect advice resulting in thousands of dollars being spent from the lawyers trust fund without my approval.
I have been told that Carol is more than capable of carrying out her duties but her name is ***** ***** the invoices. I didn’t think a lawyer could discuss anything with other parties - this should have been Carol as Executor or uncle Tony and myself - instead both my sister in laws or my mother in laws partner names are ***** ***** tax invoice.
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Answered in 23 hours by:
3/25/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,515
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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As a beneficiary under the will you have a legal entitlement to question the actions of the executor. Where you consider the executor is not acting properly, you can apply to the Supreme Court to have that person removed, Carol, and then a new executor put in charge of the estate administration of your late husband.

Where you have been receiving incorrect advice from the accountant and other parties that are no in the best interest of the estate and in accordance with the instructions under the will, this will ad support weight to have the current executor removed.

You do have power to protect your rights as a beneficiary and the estate assets as well.

Where you want to have the current executor removed it is recommended that you engage a lawyer too issue the formal paperwork with the executor and to the Probate division of the Supreme Court.

You may also run this acton in the Supreme Court yourself as well.

If you need any further information please let know.

The law will protect you in this matter.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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Customer reply replied 4 months ago
Thank you - this issues has been dragging on for years - it is causing me a lot of stress and anxiety.
Do you believe that I have reasonable grounds to replace her with Uncle Tony. Also can a legal firm deal with parties other than the Executor and use trust funds without my approval?

on the facts you have described, you have very good grounds to replace Carol over to Tony.

The law will protect you as beneficiary of the estate.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,515
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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