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VIC Father has No Will - Letter of Administration and ATO Help?

Discussion in 'Wills and Estate Planning Law Forum' started by ABC123, 6 September 2015.

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  1. ABC123

    ABC123 Member

    6 September 2015
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    Hello, my father passed away in May of this year; there was no will left. He is with AMP Superleader and he has a death benefit of around 40k. I don't know the amount of his superannuation; he told me once it wasn't much,and he doesn't own property.

    Anyway I cannot access his benefit/superannuation as I tried to apply for letter of administration and the probate office suggested my mother to apply for it, and since it was under 100k, I cannot apply for it as it will be knocked back by the supreme court as my mother was still married to my father at the time of his death.

    My mother has a mental condition,and can't comprehend things much and she needs assistance, so I need to know step by step what my mum and I need to do, and I can be by her side and tell her what she needs to do.

    Also the ATO needs a letter of administration regardless if my mother is married to my father or can she lodge my father's last tax return?

    Please any help will be greatly appreciated.

    Thank you for your time.
  2. Michael T

    Michael T Well-Known Member

    9 April 2014
    Likes Received:
    How are you going with this? Ideally, you'll get legal advice from an estate planning lawyer, but has your mother granted you a power of attorney? Then perhaps you could apply for the grant of letters of administration on her behalf.

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