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I have a question re beneficiary. NSW sorry trying to answer…

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I have a question re beneficiary

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

NSW sorry trying to answer a customers call

Lawyer's Assistant: What steps have you taken so far?

Estate has been almost settled

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

Initial payments made to all only final tax return to be made if there are any taxes to be paid by estate

Submitted: 3 months ago.Category: Australia Law
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Customer reply replied 3 months ago
There were 3 executors of the will
Whilst one one of the parties was still alive there was one only power of attorney for a period of time
There is a question as to wether this person took some monies from the bank account
Since then the other two were given power if attorney as well
Some two years ago the individual passed away
House was sold all assets were taken care of by solicitors after her death which was almost two years ago
Estate has been split and majority of funds distributed
Only small portion remains whilst final tax return is made and is being held by solicitors
Is there any recall on these monies which is claimed was given willinginly by the mother now deceased to the individual at the time whilst she was still alive and in good mental health
Given that she signed the docs to nominate all 3 as power of attorney after the alleged event ?
Answered in 2 hours by:
3/27/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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 3 months ago

Good Evening

If they have a POA they have a right to take money.

If they have misused the power then they can be sued.

If there are 3 if the document allows them to act independently then only one has to sign.

You have to check the POA and see if they can confer gifts on themselves if not and they have then they are in breach.

Here is the act.

http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/poaa2003240/

If you wish to raise these issues you have to get yourself an independent solicitor and question the executors.

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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Customer reply replied 3 months ago
Thank you
They did have POA and they are stating that this was done with full knowledge and agreement of the individual
The individual was in full control of facaulties and never complainedThank you
Solicitor: Leon, Solicitor replied 3 months ago

Good Evening

If that was the case then the individual should have signed it.

But if you are concerned about them abusing their role you can raise this.

If there is anything further please do not hesitate to ask

If I have answered your question tonight please do not forget to rate my work 5 stars so I can be paid and continue to provide my services.

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.

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