QLD Deceased Estate with Probate Completed - Rights of Beneficiary?

[Lozza]

Hello, my mother in law died 13 months ago in Victoria. The beneficiaries of her will are her son (my husband) & her daughter who is also the executor. There is a small amount of cash & a unit to be split 70/30, 70% to the daughter. My husband feels this is reasonable as his sister cared for their mother for a number of years. For 3 years before my mother in law died she was in a dementia unit. The unit has been rented out to a granchild & partner.

Firstly, for $100 per week, then since the death for $50 per week, to give them an opportunity to save more for a home of their own. We don't know if the $50 is covering the insurance & rates or monies are being taken out of the deceased estate. The granchild & partner were to vacate the unit at Christmas, then end of February. We think they are still in the unit. Communication is a bit of a problem & we live in Queensland.

Can my husband force the sale of the property & the distribution of what funds are left? Probate has been done & dusted.
Thank you

 

[Tracy B]

Hi Lozza,

At the moment, your husband is merely a beneficiary. His only right is to ensure that the executor does a proper job in distributing the estate, meaning that the executor acts in the best interests of the beneficiaries as a whole. Therefore, he cannot force a sale or intervene with distribution in this situation.

However, your husband can apply to court for a hastening of the distribution process. Generally, the court thinks it reasonable to allow the executor 12 months to distribute the property. In the meantime, the best way may be to speak with his sister and work out some sort of deal: e.g. to receive 30% of the rental income or to have the sister buy his 30% share from him.

 

[Lozza]

Hello Tracey, many thanks for you prompt reply. Now we know what we can & cannot do