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Bank account in different name

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squiddles View Drop Down
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Joined: 12/July/2012
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  Quote squiddles Quote  Post ReplyReply Direct Link To This Post Topic: Bank account in different name
    Posted: 12/July/2012 at 21:51
My father passed away on Tuesday and I'm trying to organise getting his bank account to pay for the funeral and the finals bills.

I'm 23 and pretty broke so I can't pay for any of this stuff myself, at the moment the funeral is on my credit card.

The deal is he used a different name than his birth name for all banking reasons, and did not have a will that I know of. I've called all the lawyers I know he has had and none of them have one. How would I go about getting a bank to release his bank account to me, when the name on the death certificate is different to the name on the accounts. He did have his disability pension paid into the account, his pension was under his real name but payed into the account with the different name.

Also, I have a half sister we haven't heard from in over 10 years, I don't know her last name and have only met her like twice (has a different last name to my father, I have a different last name too). I have absolutely no way to contact her, how would this impact his estate?

I'm pretty lost at the moment and don't know where to go, so any advice would be amazing.

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 13/July/2012 at 00:09
See a local community legal centre, take along a copy of your fathers death certificate, and any bank books or documents that you can find that lists his other names. Hopefully they will be able to guide you in whatever forms you will need to complete to be able to draw enough money to pay for the funeral.

The next step will be to apply to the court to administer his estate. In the case of intestacy the court need to become involved so that the estate can be drawn together, accounts paid including his final tax return, and the remaining funds distributed to the family according to the rules set out in the relevant act.

You may need legal assistance for this but with some guidance from a legal centre, especially if there are no complications, you should be able to do this yourself.

In which state did he die? Are his assets located in that state? Was he married or have a partner at the time of his death, how many children or step children did he leave, and if so are any of these under 18?
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.

 

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AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 13/July/2012 at 05:44
For the funeral expenses - talk to some local directors - explain that there are funds in the estate but you are not able to access them and ask if they can either hold the bill for payment later.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

 

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squiddles View Drop Down
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Joined: 12/July/2012
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  Quote squiddles Quote  Post ReplyReply Direct Link To This Post Posted: 13/July/2012 at 08:46
Originally posted by MartinO

See a local community legal centre, take along a copy of your fathers death certificate, and any bank books or documents that you can find that lists his other names. Hopefully they will be able to guide you in whatever forms you will need to complete to be able to draw enough money to pay for the funeral.

The next step will be to apply to the court to administer his estate. In the case of intestacy the court need to become involved so that the estate can be drawn together, accounts paid including his final tax return, and the remaining funds distributed to the family according to the rules set out in the relevant act.

You may need legal assistance for this but with some guidance from a legal centre, especially if there are no complications, you should be able to do this yourself.

In which state did he die? Are his assets located in that state? Was he married or have a partner at the time of his death, how many children or step children did he leave, and if so are any of these under 18?


The only thing I have is a couple of statements for his visa card and his two eftpos cards.

He died in Victoria, he is technically still married to my mum as they never divorced, they only seperated.

He died in Victoria, and all of his stuff is located in Victoria. He has two children, both two different parents. I am 23, she is somewere between 35 and 45.

Edited by squiddles - 13/July/2012 at 08:47

 

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De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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