by kirstymw  06/02/2021  0 Page Views
0 Comments  Wills, probate, letters of administration, powers of attorney

My grandma passed away leaving my mum and aunty as executors and 2 beneficies (estate to be split equally 4 ways).  I was assisting in a non-legal compacity to do the probate filing.  I have removed myself since as I didn't think that the terms on the annex of the house sale were favourable and I requested my mum seek legal advice from an actual estate lawyer.  My questions are:

1 My mum doesn't understand any of the legalities of probate,  my aunty is doing as she pleases and my mum just signs the form.  Each time I question why my mum signs she calls my and aunty and says speak to her.  As an equal executor she has an obligation correct to know what is happening?

2. My aunty is conducting meetings with real estate and selling the property without my mum being told until it's done.  She only forwards my mum the emails when she needs a signator - is this legal?

3. My aunty is doing the probate off the forms I completed earlier.  The convencying clerk has told them to transfer the house deed (QLD) into their names.  Would this essentially be as they are now acting as "trustees" of the estate and how is that managed in terms of transparency when assets from within the house are being sold in cash and no signed reciepts?  Other beneficies have said they would have liked the items yet my aunty claims she is acting in the best interest for all of them by selling them. 

4. The house has sold with the terms of the annex saying that the new owners can move in prior to settlement with a licensing fee of X Amount paid into my auntys notminated bank account, house will be sold "as is" and no claim from the new owners in terms of anything being damaged upon settlement and should finance fall over they vacate in 5 days.  Shouldn't the new owners essentially be treated as tenants with a entry report and bond etc prior to settlement? While these terms are favourale for the buyer shouldn't the executors being acting for the estate and siding with caution?

5. My aunty has taken the original will and will not give any of the beneficies including my mum as co-executor copies of the will as she claims that only she needs this. Don't they need to keep all beneficies up to date?

I am ultimately worried for my mum as she doesn't understand the legalities of being an executor and I have tried to explain that while yes my grandma didn't have debt and this is a simple division to 4 parties they need to be very transparent and understand what they are actually doing rather than taking the advice of a convencying clerk.

Any advice would be apprecaited thank you!