VIC Solicitor threatening not to improve property

[Destiny]

Hi
Have a joint tenancy on house and land with partner who passed away suddenly. I am aware of automatic transfer to surviving owner.
His estranged children from a prior marriage were made executors and beneficiaries causing a nightmare.

Their solicitor has been bullying constantly and made a comment to ensure all items are ready to collect, but also stated the words "not to make any improvements to the property".
The items for sure are not something that you would improve. We are at final stages of a shed completion.
So what right has he to say that if talking about the house/land. ??

Is there anyway possible that solicitor could have something to do with the joint mortgage or land or something written prior to death allowing him to deal with these.?
I also had read somewhere about unilateral changing of joint tenancy?

 

[Rod]

You become the sole owner of the house on the death of the joint tenant. Has the death certificate been produced? If so, send a copy to land titles to have the property transferred into your sole name.

I'd also be writing to the solicitor saying the property is yours and that the executor/beneficiaries have no say in what happens to the real property (land and fixtures).

If you want some preliminary advice our office can help you. See my signature for our office.

 

[Destiny]

Thankyou Rod
The death certificate was initially issued without my name , but included ex's name by children as he had not finalised the divorce side.
This is now corrected and getting in a few days to change.
So no possibility of some unilateral change prior to death being done?
Or solicitor having something written prior to authorise him?

 

[Destiny]

You become the sole owner of the house on the death of the joint tenant. Has the death certificate been produced? If so, send a copy to land titles to have the property transferred into your sole name.

I'd also be writing to the solicitor saying the property is yours and that the executor/beneficiaries have no say in what happens to the real property (land and fixtures).

If you want some preliminary advice our office can help you. See my signature for our office.

Hi
Title has been transferred to sole name, but very minimal mortgage remains in joint names.
I believe that the solicitor who said "not to make any improvements to the property" is likely making the estate insolvent /bankrupt. Which could explain the comment.?
Is it true though, that if Solicitor makes the estate bankrupt, that the bankruptcy trustee can take the title (now changed from joint tenancy names to sole name) off me and claim 2 years improvements back??
Therefore forcing me to pay my deceased partners unsecured prior sole debts as per the estate bankruptcy act (Section 249).

 

[Rod]

I don't practice in bankruptcy or estate law and cannot answer your questions, however we do have lawyers in our office who can assist. Maybe call our office and ask to speak with Con.