WA Removed as Administrator - Mum's Will Not Found?

Discussion in 'Wills and Estate Planning Law Forum' started by Lea Adams, 15 February 2019.

  1. Lea Adams

    Lea Adams Member

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    My mum had verbally made me the executor of will, which she told me, my brother and my sister, nearly 2 years ago. When mum passed last year, I flew over to organize her funeral and cleanup the house in readiness for sale. I spoke with my brother and sister daily, either by voice calls or sms.

    Then we found out that there is no will.

    So I source a lawyer and apply for letters of administration. Now my brother and sister are accusing me of theft and fraud, due to me preparing mum's house for sale, and they have asked the lawyer to have removed as administrator.
     
  2. Rob Legat - SBPL

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    Have you received the letters of administration? If not, you should not be dealing with the assets of the estate at all. If so, you need to consider the wishes of the beneficiaries of the estate as a whole.
     
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  3. Lea Adams

    Lea Adams Member

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    Ive got the letter of administration infront of me to sign, my mums house is prone to breakins, theft. Mum told me my brother and sister that i was executor of the will. My brother and sister where kept informed when i was readying the house for sale and knew i was clearing it out, donating stuff to charity, they didnt argue against me doing so, i asked them daily what i should do and kept tbem informed.
    Months later we find out there is no will and my siblings are saying they never agreed to me clearing mums house out,
     
  4. Rob Legat - SBPL

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    Then you should not be dealing with the estate. It’s generally accepted that you can take reasonable steps to secure the estate against damage or loss, but you can’t dispose of anything - by sale or otherwise.
     
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  5. Lea Adams

    Lea Adams Member

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    i am no longer dealing with the estate, mum passed june last year, suspicious cicumstances i had her body returned to Tasmania. It took a month to get mum buried. In that time whilst i was there i sold items and prepared the house for sale, and let my brother and sister know daily what was going on.I was there for a month, i havnt been dealing with the estate since July 20th.
     
  6. Rob Legat - SBPL

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    Okay. So what’s your question then?
     
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