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NSW Letter of Administration - Superannuation and Life Insurance Are Only Assets

Discussion in 'Wills and Estate Planning Law Forum' started by Sindhu, 11 June 2015.

  1. Sindhu

    Sindhu Member

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    I am a widow living in Sydney with two young daughters aged 12 and 7. After the untimely death of my husband, we are permanent residency holders and now getting Australian citizenship. Since there was no will, I approached a solicitor and a letters of administration was granted by the Supreme Court mentioning the only asset as a car valued $1500 approx. He did not own any assets here and had only a superannuation fund and a life insurance where I was made the nominee. The super fund has been credited to the deceased account where I was the administrator, but my husband had credit card dues around $20000 out of which around $2000 was taken by the bank from his savings account.

    The only asset left is the car which is now transferred to my name since the car cannot be used for my daily use. The car is used by me for my daily work.

    My question is whether I'm bound to pay the car value towards creditors, or not? Legally should I pay the same? The super fund and insurance are protected from creditors. Please clarify.
     
  2. winston wolf

    winston wolf Well-Known Member

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    Can you clarify?
    You say he had a $2000 debt on his card and the bank withheld $2000 to pay that debt yet you say there are other creditors.
    Who are these creditors? Is it the car loan?
     
  3. Sindhu

    Sindhu Member

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    The dues are towards credit card of anz bank of my husband .Part of the dues of credit card was adjusted from his anz saving account. The car did not have any loan.now the car valued 1500$ approx is transferred to my name and I am using the same.
     
  4. Sindhu

    Sindhu Member

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    Can anyone please clarify on this issue whether I need to pay the value of car to creditors
     

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