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My sons father has passed away and we were unaware of his…

My sons father has...

My sons father has passed away and we were unaware of his death until today, he passed away on the 10 April. The funeral has come and gone, I was told by a friend of his. I don't have any contact with his family at all and I have tried without success, are there any way of finding them, my sons are distressed and would like to know where he was buried.

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

NSW

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

That's the problem, I want to get a copy of his death certificate

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

He has a lot of assets and super and my sons are his next of kin

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Answered in 4 minutes by:
4/24/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,900
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

You can make an application for the death certificate form the Registry of Births Deaths and marriages in NSW or Services NSW

Here are the links

http://www.bdm.nsw.gov.au/Pages/deaths/death-certificate.aspx

https://www.service.nsw.gov.au/transaction/apply-death-certificate

Also if he had assets they would have to advertise that they are going to get probate or letters of Administration.

They can search the advertisements as they are online and the link is as follows

https://onlineregistry.lawlink.nsw.gov.au/content/search-probate-notice

With the probate notice it will tell you who is applying and if they have lawyers their details. You can contact them and get the details.

Your son will also be entitled to a share of the estate being the son of the deceased.

I hope this has assisted you with your question today.

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: 46,900
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 3 months ago
With the death of my ex husband as a hypothetical question, what if there is no Will and no nominated executor. Under these circumstance's, What would the process be to administrate the estate?

Good Morning

In that case it would be dealt with under Letters of Administration

If he had another partner they would be entitled and so would you son.

As a former spouse under NSW law you also have a right to make a claim.

Here are the rules for parties to claim

http://www.lawaccess.nsw.gov.au/Pages/representing/after_someone_dies/applying_for_letters_of_administration/entitlements_under_intestacy.aspx

But they still have to advertise the same way as if they had a will and you will find that by searching the link I sent you if they are going down that path.

I hope this has answered your further question.

Regards

Leon

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Customer reply replied 3 months ago
My ex husband has a house in Queensland and I noticed that it has been put up for sale on the 24th April, he passed away on the 4 April. I think it may be his family, can you please give me some advise?

Good Morning

Your son has to get a solicitor to be involved and lodge a caveat on the house and also with the court.

He has to challenge to get his share.

This should be done ASAP

I hope this assists with your further question

Regards

Leon

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Customer reply replied 3 months ago
Is it work while contacting the real estate that letting them know it is a deceased estate.

They wont do anything.

You can get a copy of the contract to see who is the party on title and the Solicitor selling.

This will give you an idea who obtained the letters of administration.

The Solicitor for your son can then contact the solicitor on the sale and start the process. But if you do nothing and it sells your son may lose out if the money is split and spent.

Bit the agent wont stop the sale.

The solicitor will be paid from the estate your son is not going to have to pay.

I hope this makes sense.

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Customer reply replied 3 months ago
Not sure how to get a copy of the contract - you are being an excellent help:)

You call the agent and say you are interested and want to get a copy.

Also you should search for any superannuation as your son has a right to claim on that as well.

The ATO should be able to assist.

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Customer reply replied 3 months ago
Hi Leon,
Will you be able to able to represent my sons Steven and David with this process.
Thanks Michele

Good Morning

It is best to have a solicitor represent them as it is not a simple area of law.

If they are under age you can give instructions as their parent but to do this on your own you are making a big mistake because if oyu lose they lose.

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Customer reply replied 3 months ago
I will not be doing this on my own as they are over 18 and I will definitely be getting a solicitor for them. I was asking if you would be able to represent my sons, they will travel if required.

If they are over 18 they have to give instructions

They have to be present

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Customer reply replied 3 months ago
They will be definitely be present - they are in Canberra and I am in port Stephens. Are they able to contact you to make an appointment - I can get them to contact you.Thank you

Good Morning

You are very welcome.

I cannot take on the matter they have to see a separate lawyer. I cannot take on work from Justanswer.

The law society of NSW can refer you to solicitors that can assist

Their website is as follows

https://www.lawsociety.com.au/

Call them and get a solicitor that practices in Estate matters.

All the best and good luck

Regards

Leon

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Customer reply replied 3 months ago
No problems at all, I have emailed a Lawyer in Canberra where my son's live, hopefully they can see him next week and get things happening. Do you think that they will have a good chance at winniing??

If the assets are in NSW it is best you use a NSW lawyer.

They are the children of the deceased and they will get a share of the estate.

It also depends on the value of the estate.

But they have to make a claim and get the information before they will definitely know.

All the best

Regards

Leon

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Customer reply replied 3 months ago
He lived in Queensland

Then it has to be done in QLD and you need a QLD Solicitor.

The law society of QQLD is as follows

https://www.qls.com.au/Home

You need someone that knows what they are doing as the laws and process vary in each state and it is also cheaper if they are in the jurisdiction and they do not have to travel.

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Customer reply replied 3 months ago
I would like to search the advertisements in Qld, could you send me the link, thank you Leon.

They advertise in the local papers and also the law society gazette

Call the Law society of QLD and they will advise you how to get access of the gazette

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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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