Good morning,
an elderly widow with a home in her name (paid off) but no cash and in rates arrears passed away early 2021. Council had been threatening to sell the house to recover unpaid rates so my husband (who is a cousin) began making periodical payments to Council towards the rates arrears years earlier to keep a roof over their heads.
Widow left the house to her daughter who had moved home 10 years earlier to care for her. Apparently the widow's will was never dealt with by her executors and the house is still in the widow's name. We believe the property was never transferred because the rates were still in arrears and council would require rates to be paid out before transfer.
The daughter also now passed away mid 2022 and her only will is an old one from 15 years ago when she was married and living elsewhere (her husband died 10 years ago). She also had little cash and rates are still in arrears.
Now they have both passed, we aim to make a claim as creditors to have the money repaid from the estate. But which estate? And where in the process do we make a claim? Is the widow's estate dealt with first? Or can the daughter's be settled first? The executors seem confused and nothing seems to be happening.
We guess the house will need to be sold first, probably by council so council can get the rates owed. But at what point is this triggered? And then what happens?
Any direction would be appreciated,
Thank you.
an elderly widow with a home in her name (paid off) but no cash and in rates arrears passed away early 2021. Council had been threatening to sell the house to recover unpaid rates so my husband (who is a cousin) began making periodical payments to Council towards the rates arrears years earlier to keep a roof over their heads.
Widow left the house to her daughter who had moved home 10 years earlier to care for her. Apparently the widow's will was never dealt with by her executors and the house is still in the widow's name. We believe the property was never transferred because the rates were still in arrears and council would require rates to be paid out before transfer.
The daughter also now passed away mid 2022 and her only will is an old one from 15 years ago when she was married and living elsewhere (her husband died 10 years ago). She also had little cash and rates are still in arrears.
Now they have both passed, we aim to make a claim as creditors to have the money repaid from the estate. But which estate? And where in the process do we make a claim? Is the widow's estate dealt with first? Or can the daughter's be settled first? The executors seem confused and nothing seems to be happening.
We guess the house will need to be sold first, probably by council so council can get the rates owed. But at what point is this triggered? And then what happens?
Any direction would be appreciated,
Thank you.
