VIC Can I sue informal administrators of deceased estate

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Mellberg10

Member
27 May 2018
2
0
1
My 8 year old child’s father passed away in April, my child’s two adult half sisters and their mother dealt with the deceased’s assets. I sent a letter asking for a copy of the will on behalf of my child - the reply in a text message was that he never had a will and that I must call his ex wife for more information due to it being complicated, they said they haven’t the time or energy to write letters. So I sent a letter requesting an accounting of the estate as to what has been distributed, and to whom, what were the liabilities, copies of bank accounts, wether or not any money has or will be put into trust for my child etc - I never recieved a reply, just outright ignored! So my question is, is there anything I can do so to attain an accounting of the estate? Or do I just walk away and let the two adult daughters and their mother get away with keeping everything for themselves? The adult daughter’s had power of attorney and thus transferred his car and other assets out of his name not long before he died, so it’s obvious that they did this solely to make sure my child recieved nothing! I cannot afford a lawyer so I’m pretty much stuffed aren’t I? Whilst in the meantime, one of the daughters and her mother have been having cosmetic surgery on their faces and spending big on material items! It’s clear they have suddenly come into money to fund their superficial ways!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
You may be able to take action against the people concerned.

Sooner is better than latter before all the money disappears.

Lack of funds is not necessarily a barrier at this stage. If you want some preliminary opinions on what is possible, contact Mulligan Lawyers on Monday or Tuesday (03) 8580 0200 and say Rod suggested you call.

It certainly sounds like your child has been dudded, especially if the father was paying child support. It is not fair when people take advantage of others and that seems to be what is happening here. It may take a solicitors letter at a minimum to show you are serious about protecting the rights of your daughter.
 

AdValorem

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

As Rod suggested see a lawyer without delay.

If your child's father died without a will and had no partner at the time of his death your child may be entitled to 1/3 of his estate.

See this link for your child's potential entitlements.