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Personal property - who pays for distribution?

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Saint A View Drop Down
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Joined: 06/June/2012
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  Quote Saint A Quote  Post ReplyReply Direct Link To This Post Topic: Personal property - who pays for distribution?
    Posted: 06/June/2012 at 16:06
Generally speaking, is there a rule of thumb (in Australia) regarding how the physical distribution to beneficaries of the personal possessions of an estate are arranged?

For instance, is it standard practice for an executor to direct that goods are available (from the home of the deceased, now the home of the executor)only on a particular day (between limited hours)at very short notice?

Should the executor be allowed to say who does/doesn't collect the goods on behalf of the beneficiary?

Is it normal for an executor to claim they cannot be held responsible for items from the estate they currently hold & have held in their possession for some time? Are they really not expected to do anything about physically preparing items for collection, particularly when they have put such tight limits on collection times?

Do beneficiaries normally pay for the total cost of packing, collecting, freighting of inherited items - even where the estate has been quite a valuable one, worth some millions of dollars?

In this case, the things need to be sent interstate.

Finding it all rather confusing. Any help would be appreciated!

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 16:12
I guess it is up to the beneficiary to collect the goods or make their own arrangements to do so. The executor has certain responsibilities for the estate but once distribution commences, I do not believe it is up to the executor to store the goods for an unreasonable period of time.

If the beneficiary cannot collect the goods promptly, I believe the beneficiary should make arrangements to have the goods delivered or placed in storage at that beneficiaries expense.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Saint A View Drop Down
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  Quote Saint A Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 17:15
Thanks Martin.

Just to clarify: as beneficiary I have been waiting for the executor to distribute the estate for quite some time. They have not so much been storing as they have been withholding.

Legal action was required to make ditribution happen after 2 yrs of non-action by the executor.

Now that he has finally commenced the process lengthy restrictions are being put on the process: I am being 'barred' from collecting them in person, but there is only limited time they can be collected & the executor will not prepare them in anyway for collection.

Essentially, I will need to hire a crew of people to get things packed and loaded in the couple of hours I have been given. Whoever I hire will need to responsible for checking the inventory (as I am not allowed to be there & the executor is not 'responsible')

It just seems very complicated. But I am willing to accept what you say: and that it is not unreasonable for the beneficiary to pay all costs if that is the usual situation. Many thanks.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 20:15
Your executor sounds like a bit of a prick.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 22:32
I have to agree with AOD, why on earth are you not permitted to collect your own property or be present when your contractor packs it?

Some years ago my father was left some items from his sisters estate, I travelled with my father to the UK and collected these from the storage company, and assisted him to pack them and ship them back to Australia.

All those involved were most helpful and assisted us all along the way.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 07/June/2012 at 01:13
Personally I think that any unreasonable interference that costs you money should be reimbursed by the executor (out of hours moving costs for example).
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

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