LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Uncle Passed Away - Property Now for Sale?

Discussion in 'Wills and Estate Planning Law Forum' started by alexandrea, 6 September 2014.

  1. alexandrea

    alexandrea Active Member

    Joined:
    6 September 2014
    Messages:
    5
    Likes Received:
    0
    My uncle passed away Dec 2012. We are waiting for this Dec 2014 for the courts to distribute his property. He had a girlfriend at the time he passed . We have just come to learn that one of his deceased estate and properties is up for sale? Is this legal ?
     
  2. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Hi alexandrea.

    Do you know if there was a will?
    Do you know anything about who is taking care of the estate?
    Who is "we" ? your parent?

    Almost two years is a long time to wait to ask questions? Why so long?
     
  3. alexandrea

    alexandrea Active Member

    Joined:
    6 September 2014
    Messages:
    5
    Likes Received:
    0
    It hasn't been 2 yrs yet since he died we are waiting for the settlement in Dec . We meaning my family and no will . My question is can a property be sold if the estate hasn't been distributed yet ?
     
  4. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Yes, as the estate cant be distributed unless its liquidated.

    Why not sell the house?
     
  5. alexandrea

    alexandrea Active Member

    Joined:
    6 September 2014
    Messages:
    5
    Likes Received:
    0
    The house is for sale . We didn't ask for it to be sold . My uncle had a girlfriend and we think she or the bank are trying to sell it. The final date for people to come forward to claim on the estate is December so how can it be for sale now ?
     
  6. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    It wouldn't be the bank unless they defaulted on the loan if there is one.
    Its probably the administrator of the estate.

    I'm afraid to say it sounds like don't know whats going on at all.
    You need to start by approaching the administrator. This could be the Public trustee or the girlfriend and find out what the deal is.
    The administrator doesn't need the beneficiaries permission to sell the home.

    Do you know who the beneficiaries are?
     
  7. alexandrea

    alexandrea Active Member

    Joined:
    6 September 2014
    Messages:
    5
    Likes Received:
    0
    My father (deceased only sibling)and her as she was his defacto. If the administrator has permission to sell the assets what can they do with the money ?
     
  8. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    If there was no will and no children the defacto gets the lot unless somebody disputes her right as defacto.
    If the home is sold the cash is held in trust until distribution.

    Was there some reason you thought you father was due something?
     
  9. alexandrea

    alexandrea Active Member

    Joined:
    6 September 2014
    Messages:
    5
    Likes Received:
    0
    The money that my uncle had was inherited from my grandparents who owned a family business. Who stated in there will that should b handed down to us.there grandchildren But he died of a heart attack at 52 before he wrote a will . The money wasn't earned by him or her therefore we r entitled to a percentage . I understand she is entitled to some but not all .
     
  10. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Marena likes this.

Share This Page

Loading...