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Ask Leon Your Own Question

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 18917
Experience:  24 years experience. Admitted in New South Wales and the UK.
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can anybody help with Australian law .my brother pastaway 22

Customer Question

can anybody help with Australian law .my brother pastaway 22 mths. age . his will had 4parts 1 signetrIng to me house content to his friends. house was left to there 3. daughters. all cash to me , l had partial payment on 08/08/13 .today l was sent the final. satment on it there is payment from19/11/12/ to30 /10/13. two payment fof insurance of 19/11/12 and 30/10/13 is this right .amount left $46.464 .70 Australian part payment I received $35.000.00 what. am I. responsible for, if youtake off funeral and solicitor there is some $5 paid out
Submitted: 3 years ago.
Category: Australia Law
Expert:  Leon replied 3 years ago.
Good Morning

My name is Leon and I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. 

My apology for the delay but I was not online last night and have just seen your question.

I am sorry but I do not really understand your question.

I understand your brother passed away.

I also assume that he left a will where you are entitled to a quarter share of everything?

Are you saying you only received $5.00 in total from the estate?
Customer: replied 3 years ago.

no l was left, my brothers cash. house content s. was left to his friend. the house was left to his friends 3daughters .cash total on his death was $46.464.70. that was AUG2011 I had partial payment of$35.000.00 on 08/08/13 . $11 .464.70. balance take off funeral. 3.201.00 and solicitors ibills $3.126.30 my ? is should allbill since his death be paid out of the cash he left me .his estate was finalised. on 13 june 2014 .the last bill paid was. for. house and contents $$2 .090.53 on30/10/ of the daughters has been living in the house for almost. a year, rates , water, energy. plus a house insurance $1.918.03. was paid. 19/11/12

Expert:  Leon replied 3 years ago.
Good Afternoon

You get the balance once all costs are paid

I assume the will says after payment of all my just dents and funeral expenses.

This means after everything is paid.

You get what is left

It appears that they did a partial distribution and then finalised the estate.

You would not get all the cash if there are debts to be paid first.

Does this make sense?
Customer: replied 3 years ago.


yes I understand that what I donot understand is why I. have to pay house hold bills e.g. elec. water , rates. insurance and contents for 2012 2013. when. the house was lived in by one or oother of the daughters. to a cost of the$5.000.00 bills to the end of 2011 o.k. looks to me as if I have paid there. bills. for 2years. the hold up with finaliseing. is 1 daughter was buying out her 2 sisters. why should I pay. out for the ladt two years.

Expert:  Leon replied 3 years ago.
Good Morning

If the house was to be sold then you would not have to pay it would come out of the sale proceeds.

But as a debt of the estate they all come out of any liquid assets.

I am sorry I cannot give you anything more positive.

Is there anything else I can assist you with?

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