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Died intestate

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fedup View Drop Down
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Joined: 19/July/2005
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  Quote fedup Quote  Post ReplyReply Direct Link To This Post Topic: Died intestate
    Posted: 19/July/2005 at 18:17
My Father died without a will in September 2003 and my Mother still refuses to administer his estate because she doesn't want to pay any fees.  His main asset is the house.  He is a tennant in common with my Mother and myself with equal shares.  The house is in WA and was purchased for $128,000 in 1993 and is now worth around $280 to $300,000.  I have been helping to pay off the house over the past 12 years by giving my Mother half of the mortgage every month.  When my Father first got sick in 2000 I was paying off the entire mortgage by myself.  I am now married and have 3 children of my own but we cannot get a house of our own until the house has been administered.  I also have 4 brothers, 33, 17, 16 and 1 dec. at 5 mths in 1993.  There is $70,000 still owing on the house and we had an agreement with my Mother that when my Father's superannuation came through of $156,000 that she would pay off the rest of the mortgage.  That was over 9 months ago now and in that time she has been overseas and spent almost all of the money (or so she tells us.)  Is there some sort of way we can MAKE her administer the estate?  Is it illegal not to administer it?  Can I apply to the WA Supreme Court for a Letter of Administration?  Thanx.

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  Quote fedup Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2005 at 16:07

Thank you for your reply.  You have given me hope again.  My mother was 100% beneficiary of the life policy and so received all of the money. 

If I administer the estate does this mean that I can make her sell the house so that the debts can be paid off?  I really want nothing to do with the house or assets anymore and basically just want out so I can start a new life for my wife and children.  Thanx again.

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  Quote fedup Quote  Post ReplyReply Direct Link To This Post Posted: 28/July/2005 at 14:12
OK I applied to the WA Supreme Court and was told that because there is no will that there are no available forms to fill in and that the matter would have to be handled by a lawyer.  I spoke to my laywer who has put me through to a solicitor .  I just keep hitting brick walls and feel like this is never going to get anywhere.

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