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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7351
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My darling partner of 15 years died at the end of November.I

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My darling partner of 15 years died at the end of November.I nursed him for 3 years with terminal cancer.As we were both insured for our funerals, we sat together with ourFuneral Director and agreed upon what we each wanted.
He asked me to arrange the funeral for him etc.
However he said he felt he should leave something for his son to do.So he left him to sort out the insurance and pay funeral costs then give me anything that was left over.
At first his son hedged his way around things, .I felt it needed to be paid after the Funeral Director asked what had happened ??My D-I-L paid it and said his son could pay her back after he got it out of the bank.What I didn't know was, all of a sudden he had taken a vacation ???. When he got back he said he would pay her.
For the past 7 months he has been giving her amounts at random and still owes her about $500.0
My darlings said what he wants in his will, Is this a legal/binding document ??. Can I go to Small Claims. Its not money but princib
Submitted: 8 years ago.
Category: Legal
Expert:  Irwin Law replied 8 years ago.

I am sorry for your loss and I sympathize with your concern about carrying out your partner's wishes. Unfortunately, your partner made the common mistake of making someone the beneficiary of his insurance, expecting them to use the money in a certian way. This is never a good idea because you can't control what that person does with the money. The result is very often what has happened in your situation. You could go to small claims court, but I don't like your chances. That is, assuming that Australian law is similar to our US law, which is where I practice. Also, you have to weigh the time, expense and aggravation that going to court will inflict on you. My advice to a client in your position would be to let it go. I hope this helps.


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