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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband took his own life. We separated 15months ago but

Customer Question

My husband took his own life. We separated 15months ago but NOT divorced. We have 2 children aged 5 and 2. There is a superannuation and death benefit. Our 2 sons have been nominated as beneficiaries with the Super Fund but there is no legal will. My husband was living with his mother for convenience during the 3 months prior to his death. Am I entitled to Letters of Administration due to be his spouse (that is, NOT ACTUALLY DIVORCED).
Submitted: 2 years ago.
Category: Estate Law
Expert:  Irwin Law replied 2 years ago.
Good morning. I'm sorry to hear about such a tragic situation. As the surviving spouse you would be the preferred person to serve as Administrator of the estate and receive Letters of Administration. There will have to be a guardian appointed to receive money that is payable to your minor children, and that would most probably be you. The ultimate power to appoint is in the judge of the probate court.

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