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Probate

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INFORMATION View Drop Down
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Joined: 24/February/2015
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  Quote INFORMATION Quote  Post ReplyReply Direct Link To This Post Topic: Probate
    Posted: 10/August/2017 at 12:32
We have an issue where my deceased fathers defacto applied for administration he died without a will but had been refused due to the fact we his children never gave our consent we never wanted her to be the administrator but rather it go through the public trustee to make everything above board, there has been a few trust issues due to missing money.
This application was made a few years back and rejected and has just been sitting there, we have left her in his house but we are wondering what happens if we just leave it and do nothing until she passes or will the courts step in and just pass the house to her because she has been living there the whole time, we are not sure what to do we just don't want to drag it all up again she is only 70 so she could live a while longer. We are in WA

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 11/August/2017 at 19:58
If they had been together for a while she will probably receive the same rights as a wife. This means she will receive the house.

She is effectively a step mother to you and she is elderly. Any decent step children would visit, mow the lawn and generally treat the partner of their late father in a civilized manner. Doing this would probably mean that she would remember you in her will.

It's in your hands.

INFORMATION View Drop Down
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  Quote INFORMATION Quote  Post ReplyReply Direct Link To This Post Posted: 12/August/2017 at 00:08
Thanks for your reply, I would have loved for us to have that relationship with her, but unfortunately as soon as my father passed away she stopped talking to us which came of a shock because we always had a good relationship with her our intention was to have everyone sit down and discuss things and have a family arrangement drawn up to pretect everyone's best intrests, then we found out about missing money while he was in a coma and we felt a little worried that she did not have our best intrests at heart. She got a lawyer and so it went on, and we thought it best we go through the public trustee so if anyone wanted information we could just make a call and not be in a position if we needed information she would not give us that information. I was advised that if you sign your consent for someone to administer an estate on your behalf (that is what you have to do when someone dies without a will), then basically you give up your rights to that person and if they don't want to answer you there is not much you can do about it, unless you have bags of money to go to court and make them give you the information, I have read many posts about these kind of issues that is why in this case the public trustee would work for us. I have sent a letter to her to go through the public trustee and she ignored it, so I don,t think she would really want us coming over and mowing lawns for her.

My main question is really, what will the probate office do if they see and application that has been sitting there for a while and no one has acted on it, will they contact us or just give the Ok to the person who originally applied the first time.

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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 12/August/2017 at 00:44
Originally posted by INFORMATION

My main question is really, what will the probate office do if they see and application that has been sitting there for a while and no one has acted on it, will they contact us or just give the Ok to the person who originally applied the first time.

I expect nothing will happen unless you contact them and cause he application to be processed. But I'm not a lawyer, call them and ask.

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  Quote AussieLegal Quote  Post ReplyReply Direct Link To This Post Posted: 14/August/2017 at 11:42
Hi Information.
In which State did your father live?
The laws of intestacy (where a person dies without a will) differ from State to State. The laws set out who is entitled to benefit from the estate and who may apply to be the administrator of the estate. The distribution of the estate does not change with the administrator. All they are legally obliged to do is distribute according to the law.
Administrators do not always do this which is why, in some cases, the Court wants confirmation that the persons entitled (which I presume includes you) need to consent to the administrator that is applying.
From what you describe, the application has been suspended. The Court will not do anything. It is up to an 'interested' party to continue the process. I am not sure why the process stalled as your signature is not required, only that you have been served notice and a request for your consent.
Let me know the State and I will provide some additional info.
Also, was the relationship a genuine de facto relationship, i.e. had they been living together for at least 2 years on a continuous basis?

Mark
Aussielegal
This is not legal advice.

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