Will Enquiry, where do I go from here?

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badstella

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5 September 2017
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My father died 34 years ago leaving my mother and two brothers equal shares in farming properties etc. I am the oldest child and only daughter. I was left the sum of $50,000 to be paid in $10,000 increments over 5 years upon my mothers death. My mother is still alive, is 83yrs old, and I hope still has a few years left upon this earth. My questions are 1. I want a copy of the will., 2. The executor of my fathers estate is deceased, what happens now? 3. Can I petition for my inheritance, I am 62, living on a pension and could really do with these funds to make life a little easier.
 

Rob Legat - SBPL

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16 February 2017
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1. As a beneficiary, you are entitled to know what's in it and can generally receive a certified copy for minimal cost.

2. Depending on the laws in your state, someone will need to apply to the court for the power to administer the estate.

3. It will depend on what the will says. If it's clear that you don't take your inheritance until your mother passes away, then the answer is probably no. However, the will may cater for your situation and give the trustees power to make arrangements for you in the meantime.
 

badstella

Member
5 September 2017
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1
1. As a beneficiary, you are entitled to know what's in it and can generally receive a certified copy for minimal cost.

2. Depending on the laws in your state, someone will need to apply to the court for the power to administer the estate.

3. It will depend on what the will says. If it's clear that you don't take your inheritance until your mother passes away, then the answer is probably no. However, the will may cater for your situation and give the trustees power to make arrangements for you in the meantime.
While I live out of state, my family live in Qld. I've spoken to one of my brothers and he states that he does not know who is the new executor. In regards to obtaining my inheritance early I would think that a copy of the will is the first option and then going from there. I have asked more than once for a copy (from one of my brothers) and nothing is forthcoming, where do I go to "pay for a copy". Also how do I find out who the new executor is? Thank you.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Generally, you get the will from the executor. But, as you say, that's currently difficult. Your first task if to figure out who is administering the estate. There should be some sort of trust set up for your mother, otherwise there would have been nothing left to distribute to you when she passes away. Try asking your mother who is looking after things, and go from there.
 

badstella

Member
5 September 2017
3
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Generally, you get the will from the executor. But, as you say, that's currently difficult. Your first task if to figure out who is administering the estate. There should be some sort of trust set up for your mother, otherwise there would have been nothing left to distribute to you when she passes away. Try asking your mother who is looking after things, and go from there.
Thank you for your response. My mother has no idea about the estate, nor does she seem interested in finding out, all that concerns her is that there is money for her to see out her days. She puts it all in the too hard basket. My thought would also be that the money owed to me comes from Dads estate not mums, so therefore there should have been some sort of trust set up when the proceeds of dads estate were distributed. Is there a Qld. govt. site where I can go to get a copy of days will? I would assume that all I need is date of death, place, and name?
 

Tim W

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28 April 2014
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Maybe start by speaking to the solicitors in the towns around the farm.
Chances are, he used a local.