NSW Estate in executors name

Discussion in 'Wills and Estate Planning Law Forum' started by carmen, 26 April 2018.

  1. carmen

    carmen Active Member

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    Just curious how this is possible. I am one of 4 beneficiaries( one being the executor) for a relative, her house was put on the market a few weeks ago but we heard through the real estate (on open day) the house had a caveat placed on it and was being taken off the market. We have since heard from the real estate agent the house is back on the market and the house is now in the executors name?? Does this mean he will receive the $ from the auction of the house? He is a dodgy fellow who has no been in contact with any of the beneficiaries throughout most the process so hoping he's not pulling a swifty on us (other beneficiaries), or is there some way he has put the house in his name to get around the caveat?
     
  2. Mary W

    Mary W Well-Known Member

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    Hi Carmen
    I think you will find that the property is in the name of the executor as executor of the estate of ...(name of deceased). He should not have been able to transfer it into his name alone if he is not the sole beneficiary.
    Ask the agent for a copy of the contract or go to the open house and have a look at the contract.
     
  3. carmen

    carmen Active Member

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    Thankyou I will look into this.
     
  4. Kevin.bond

    Kevin.bond Active Member

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    Is there a family provision claim?
     
  5. carmen

    carmen Active Member

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    no i'm just a distant relative and the others are friends.The deceased had no immediate family. The executor won the auction ( only 2 bidders incl him). The estate agent said people were turned off by the caveat on the property. I just received my cheque in regards to final distribution of the will, $14.50 haha We have no idea how he did it but he ended up with the house, contents and money. We won't be fighting it, but it's crazy how he got away with it...not the first person he has done this to either which is sad.
     
    #5 carmen, 11 May 2018
    Last edited: 11 May 2018
  6. AdValorem

    AdValorem Well-Known Member

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    Hi Carmen
    What does the will say about the distribution of the assets between the 4 beneficiaries? What did the deceased leave to you in her will?
    Regards
    Val
     
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  7. carmen

    carmen Active Member

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    Her house and assets are to be split equally between the 4 beneficiaries, and she has left cash sums for other people. He messaged us today and it seems he is now doing the right thing, stating there have been some delays in finances from the house.
     
  8. AdValorem

    AdValorem Well-Known Member

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    Thanks for letting us know.
     
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