Where the deceased has no will but the next of kin has the ability with no interferance from the state/gov. the ability to transfer all the money to hims elf?
Say the deceased has no english ability and the next of kin in charge (self put) cutted the deceased contacts off from everyone - is there a government system where they able to govern or overlook what is happening with the money?
Or the greedy relative can take it all under the nose of the other relatives?
You are nuts.
Get some advice as you are obviously NESB and the legal system has some highly complicated language. Just because you get some qualified advice doesn't mean you have to go to war.
https://legalanswers.sl.nsw.gov.au/rest-assured-legal-guide-…
I will not get lawyers involved as relationshop are more important than money.
A poorly documented will won't help relationships - it will break them.
I've seen a large number of family relationships deeply sour after a death in the family, usually over the will.
Make it clear, make it fair, keep everyone happy (well, as happy as is reasonable).
If the person dies "intestate" then there are breakdowns for each state online.
It depends on your relationship to the deceased.
Depends what living relatives the deceased has.
Married with kids
Married with kids from previous relationship
Kids only
Married only
Those situations get preference over the rest, which ends up being something like
Parents
Siblings
Uncles aunties
Thats for NSW anyway.
What's your relationship to the deceased and what other relationships above might there be?
If they have Power of attorney you need to get those assetts frozen fast
If they want it and you going to challenge this will strain relationships further. BTW the person would of assign themselves the role.
So I'm guessing it's possible for individual to manoeuvre around and collect all of the money themselves.
this will strain relationships further
Is your relative getting upset that you don't want them stealing your kin's belonging's your problem, or theirs?
They're stealing things that are (presumably) rightfully yours (in at least some part), without caring for your claim.
Power of attorney means nothing if the person is deceased.
I'm guessing this would be a query for the relevant state Public Trustee?
is this a agent or? appointed person to the decreased? and can the next of kin (self assigned) lead them on to collect all the money or will there be a gov. agent overlooking the financial affairs?
It's a government organisation that handles deceased estates, I'm not sure if they can help too much if someone is already managing it but it doesn't hurt to ask them advice.
If you die without a Will, you are said to have died ‘intestate’. In this case, your assets are distributed in line with Part 3 of the Succession Act 1981 (the Act).
i have read. and skim it. will read again later.
You can get general info from the Law society website or similar
Its called dying intestate )without a will) heres some links https://www.google.com/search?q=nsw+dying+intestate&rlz=1C1N…
except thats NSW. Search google, dying intestate queensland
Someone already posted that link
Their legal partner will get first dips.
I believe the correct legal term is "dibs". :-)
Just consult a lawyer. Obviously this family member does not care about straining the relationship further. You either have a good relationship or a bad one, there is no healthy relationship that fluctuates between good and bad.
I may.
Have they died or are you just 'planning' ahead? If they are alive, get them to make a will ASAP!
A Will doesn’t need to be complicated or expensive. You don’t have to get it done by a lawyer. For a simple one there are templates you can download and complete which are legal as long as it is fully completed, signed and witnessed properly.
Agreed.
The State Trustee can assist in drafting a will and having it witnessed. It's around $400.
If the value of the estate is small you can appoint them as executors. I wouldn't do it it if there are substantial amounts involved as their fee is percentage based.
There are laws regarding dying intestate (ie without a will) and how an estate is to be distrubuted.
A person cannot just self appoint themselves - they will have to apply to the court to administer an estate and show cause why. They need to be granted that authority to do so.
Without this legal authority, any person is unlikely to be able to deal with formal assets e.g bank accounts, a house or a car. However if the next of kin was holding a $2,000 watch that was owned by the deceased, that would be easier to dispose of that (without anyone knowing).
Usually if there is any disagreement, a statutory body like the Public Trustee will more likely be appointed.
If you feel that you might have a family provision claim against the deceased's estate, then consider consulting your lawyer asap as there are time limits in place.
The danger is that if the other person has access to the deceaseds property and accounts etc they could just be helping themselves, which is why you need to get onto it ASAP
You need to speak with a lawyer pronto about the intestacy laws in your state. Just do it. This is your only option that will actually get you anywhere.
It depends on how they have the means to transfer the money. For me I have it setup where if I'm on the death bed and before I die, they are able to transfer funds. After I die, the funds become part of the annoying process of probate.
It is possible that the money doesn't even form part of the distributable asset pool as you have no control. Did you even contribute to these funds? If so why didn't you secure it, why not? My money is on that you didn't contribute.
What makes you think you are entitled to these funds? What type of relative are you, the girlfriend, boyfriend, spouse, or just the nobody relative? Ask yourself why you are in the position that you suspect the scenario where funds will be transferred after death happens? Is there something you know that you aren't disclosing?
It could be these greedy relatives you mention have an equitable interest in the funds and thus have control.
It could be held on constructive trust.
I’m not sure why people wouldn’t just get a lawyer involved in this situation.
my guess is the most estate is in cash, and not a lot?
Involving lawyers can costs a fair bit very quickly.
all money should go down to the next family member, if the man died, it goes to his wife, if the wife dies, it goes to the husband, if both dies, it goes to the kid if they dont have kid and they both die then ….i guess it goes back to the government?
An elderly relative with limited English being financially managed by someone that you have doubts about may be an evolving case of elder abuse. Perhaps contact
https://www.1800respect.org.au/
With a skilled operator inheritance may be a moot point……..
I just went through all this shit. Get a lawyer, do it now, don't hesitate.
WTF is "Inhertiance"
Have a read of this on the State Trustees site, talks about estate administration Requirements where there is or isn’t a will.
https://www.statetrustees.com.au/executor-services/learn-mor…
There is a next of kin pecking order, get legal advice pronto