VIC Deceased Estate - 8-year-old Half-sister Missing Out on Inheritance?

Discussion in 'Wills and Estate Planning Law Forum' started by Mellberg10, 12 June 2018.

  1. Mellberg10

    Mellberg10 Member

    27 May 2018
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    My ex-partner passed away in April. We share an 8-year-old daughter. My ex-partner has two adult daughters with his ex-wife. Ex had to relocate to live at his ex-wife’s address last December as his adult daughter lives with her Mum. This daughter had power of attorney of my ex.

    His 30000 car was transferred into daughter's name a few weeks before he passed away. Ex had at least $100,000 invested. Adult daughter with power of attorney sold his household contests in March. No probate has been filed.

    The adult daughters have already divided my ex’s assets between them and the car is being sold via carsales. I can’t afford to take this to court on behalf of my 8-year-old daughter, so does this mean she will not receive anything when she’s older? Not to mention, I will raise her myself with no help from her father's deceased estate.

    Any help please? I’m so sad for my little girl...
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    Go see a community legal centre ASAP. A letter needs to be written ASAP telling the adult daughter she may be personally liable for breaching her duties as POA and executor. FYI she is not supposed to personally benefit from the POA and this can attract criminal charges and have civil compensation consequences.

    Needs to be done with care though as you don't want the adult daughter hiding evidence of her misdeeds.
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