When a family member passes away, their family may be left with a need to settle pending debts as well as distribute family and estate assets. This can be stressful for your family, and the family of the deceased individual. In some cases, legal advice is required from a practising lawyer to manage probate and make the experience as smooth as possible.
Estrangement and Contesting a Will.
The late Mr Rathswohl had 3 adult children. Less than a year before he passed away, the late Mr Rathswohl changed his Will preferring his youngest daughter above his other 2 children and left that child his house. The youngest daughter had also been appointed Attorney for her father and transferred almost all the monies in her father’s accounts and Term deposits into her own name. The effect was that our client and his other sister received nothing from their late father’s estate.
What is probate and estate administration, and do I need a lawyer?
Probate is a Legal document issued by the Supreme Court in NSW authorising the executor to administer the estate in line with the provisions of the Will which forms part of the Probate document. On obtaining Probate the executor can then begin the process of collecting and selling the assets of the deceased person and paying any liabilities and claims made on the estate. If you have been named as an executor in a Will, a probate lawyer can assist and guide you through the legal process of applying for a “Grant of Probate” from the Supreme Court. The starting point will be to enquire with the asset holders to determine the estimated value of the estate and to ascertain the debts and liabilities.
What Happens Without A Will
I have been living overseas for the past six years.
I have been informed that my father has passed away and that he died without any Will, what happens now?
I Need To Cancel My Will – What Needs To Happen
I have been divorced for a couple of years and need to now get the rest of my affairs in order. I currently have a Will with my ex-husband and he is the beneficiary. As we are now divorced, do I have to change the Will, or does the divorce automatically exclude him? More
Wills, Estates and Superannuation
My husband has recently passed and hadn’t left any beneficiary on his superannuation. As his Will was a mirror Will of mine, does that automatically entitle me to his super too?