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VIC executor confused and unsure

Discussion in 'Wills and Estate Planning Law Forum' started by NDM, 16 December 2017.

  1. NDM

    NDM Member

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    My parents passed away many years ago and my siblings have been living in their house in Vic. Recently, it has come to my attention that over the last few years there's been court orders/charges for the household to take down some constructed elements that have no permits ... long story short lots of disagreements and no compliance so I was brought into the picture (I live away in QLD) and told 'you're the executor fix our problems....' half the siblings want their share to move out and setup their own lives but the other half do not but they will not pull down the constructions either. I have court date as since I was put into the picture I have been charged with some building noncompliance matter.I am going to court soon and will permit the council to go ahead with any work and charge it to he estate. I just don't want to get a criminal record over something that I haven't had power over... it's also costing me a lot of time effort money for airfare tickets, printing cartridges, etc. And I cannot afford these. I'm lost and confused as I am unable to seek formal advice because I cannot afford it. What do I do.
     
  2. Mary W

    Mary W Well-Known Member

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    Hi NDM can you please start at the beginning?
    Your parents both died - when? Did they have wills? As executor did you apply for probate and if so why has the house not been transferred into the names of the beneficiaries? Was there a life interest left? You need to explain the circumstances before anyone can help you.
     
  3. NDM

    NDM Member

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  4. NDM

    NDM Member

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    Ok, my parents passed away a few years ago. My brothets and sisters have been living in their house for years now as parents eere based overseas during their late years. There is a will filled in at home and not even sure that its ever been lodged. My name is stated as the executor. The probkems with the house came to my attention about 6 months ago becuase of disagreements had by siblings. Pls tge non compliance with council matters. No tgere is no probate. Is this a must? Being paet of the famiky can i not act as an administrator? ??? To be frank, I've lived my life prim and proper and am somewhat very naive about such matters. I didnt even know where to begin or what to do and part of the problem has been that I cannot afford to hire a lawyer to do the jobs that need doing in relation to this matter. The matter is a very long story....
     
  5. Mary W

    Mary W Well-Known Member

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    This sounds like a mess. You have left out a lot of information such as whose name the house was in, who died first, if they both had wills , if these wills were valid.

    You as named executor cannot do much unless you apply for probate, possibly for both parents. When probate is granted the executor will have the legal right to take steps regarding the house eg selling it. You can't do this without a valid will. Otherwise you or someone will have to apply for letters of administration. At the moment you are in one big limbo.

    Time to take the bull by the horns and find yourself a lawyer. Try a legal centre if you cant afford one. This situation will not go away.
     
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