QLD Disposable of Deceased Brothers Items Debts

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Rob Edwards

Member
19 June 2018
3
0
1
My Brother passed away recently without a Will He had very little of value apart from a few pieces of furniture and personal items plus a motor vehicle. He had a Debt to a Bank of approximately $13K

He was renting an apartment and we have taken all his belongings to storage.

We figure we would sell what he does to contribute to the cost of his funeral.

As there is no Executor and No Will and the value of my brothers property is just a few thousand dollars, certainly under $10K are we at liberty to sell the items to pay for his funeral?

Who is responsible for my Brother's debt to the Bank?

I think that's all that comes to mind, ThNK YOU
 

AdValorem

Well-Known Member
20 August 2015
57
8
224
Perth
Hi Rob

See section 57 of the Succession Act 1981 for more details.

Funeral expenses have priority before the debt to the bank.

If the estate is insolvent the bank may have to write off your brother's debt.

Regards
Val
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,930
820
2,894
Sydney
Who is responsible for my Brother's debt to the Bank?
Not you.

Have a chat to the lender - it may be that there was some kind of insurance product attached to the loan.
Make an appointment with a manager level person in a physical branch.
No point trying to do this stuff with a third party overseas call centre
 

Rob Edwards

Member
19 June 2018
3
0
1
Not you.

Have a chat to the lender - it may be that there was some kind of insurance product attached to the loan.
Make an appointment with a manager level person in a physical branch.
No point trying to do this stuff with a third party overseas call centre


Actually Tim there was Insurance attached to the Loan but apparently my brother cancelled the insurance a few months ago, which seemed strange the Bank would allow that but it happened