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QLD Executor of a Will - Duty Prior to Distribution of Assets?

Discussion in 'Wills and Estate Planning Law Forum' started by Tipi888, 24 October 2015.

  1. Tipi888

    Tipi888 Member

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    I have a question about the role of the executor of a will. The executor of my diseased sister-in-law secretively put the ad for the probate notice in the newspaper. He knows that there are some debit attached to the deceased estate from us. Unfortunately we missed the 6 weeks period to claim to the executor because we didn't know who was the executor of the will.

    Can we still claim the debit to the executor? The executor received our letter to confirm if he is the executor in the middle of this 6 weeks waiting period but he ignored the letter until the debit claiming period is over. Then he replied to us that he is the executor of my sister-in-law.

    Does he have any duty to let the creditor know about the probate ad he put on the newspaper, especially if he knew the creditor? Is there any legal obligation for the executor to inform the creditors if he knew them?

    Once the grant of probate has been granted, can he start to distribute deceased asset and especially transferring the deceased 1/4 estate which she owned with 3 other people to her beneficiary without paying any debit to the creditors? My understanding is that the executor has to pay all the debt owed by the deceased before he starts to distribute any asset.
     
  2. JS79

    JS79 Well-Known Member

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    Dear Tipi888

    i have found an article to help you in regard to the rights and responsibilities of an executor: Executor of a Will – Rights and Responsibilities - Legal Blog - LawAnswers.com.au and your probate options: Probate - Legal Documents - LawAnswers.com.au

    As there is a responsibility for the executor to pay debts, I suggest that you obtain legal advice from a local lawyer who specialises in probate. See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you/
    to be connected to a local lawyer.
     

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