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    miss tyson's Avatar
    miss tyson Posts: 2, Reputation: 1
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    #1

    Jan 29, 2010, 01:45 AM
    Making claim against estate
    Why would an eligible person (adult child of deceased) wait to formalise their claim in NSW? This persons solicitor sent a letter to the executor in October last year advising they wished to make a claim but have not. The deceased passed away mid last year. No one I have spoken to can answer this question!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jan 29, 2010, 04:44 PM

    You can't just announce you have a claim you have to bring proof forward. Do you even know what they are trying to claim ?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jan 29, 2010, 05:14 PM

    Estate matters generally take a long time to culminate. The attorney is probably taking his time in order to give any claimant plenty of time to come forward. This is standard when dealing with estate attorneys as they really don't get a chance to do over estates once they have been probated. It's easier to do it right the first time. I worked for an estate attorney and he took his sweet old time in probating an estate due to just those reasons.

    Having died last summer and notified in October and it's now January-February is par for the course.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jan 29, 2010, 05:17 PM
    Quote Originally Posted by twinkiedooter View Post
    Estate matters generally take a long time to culminate. The attorney is probably taking his time in order to give any claimant plenty of time to come forward. This is standard when dealing with estate attorneys as they really don't get a chance to do over estates once they have been probated. It's easier to do it right the first time. I worked for an estate attorney and he took his sweet old time in probating an estate due to just those reasons.

    Having died last summer and notified in October and it's now January-February is par for the course.
    If you worked with one. Then how does it work if someone makes a claim ? Don't they have to have some proof with it ? Like they are a child from first marriage nobody was aware of kind of thing or say the decedent had a bill with us and provide proof ?
    miss tyson's Avatar
    miss tyson Posts: 2, Reputation: 1
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    #5

    Jan 29, 2010, 11:38 PM
    Quote Originally Posted by califdadof3 View Post
    You can't just announce you have a claim you have to bring proof forward. Do you even know what they are trying to claim ?
    I am one of three a benficiaries, I received a letter from the executor stating that a "Notice of a Potential Claim" was enough to stop the distribution of the estate. I don't know what she is trying to claim. She has until early July to formalise her claim by filing a summons in the supreme court. She is the other daughter of the deceased. Probate was granted long ago, the will is valid, she can apparently claim that the deceased somehow failed her moral obligations by intentionally leaving her out of the will.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 30, 2010, 09:52 AM

    She can claim any legal basis from untoward influence on up (or down). The estate cannot be settled until all claims, however frivilous, are resolved.

    As far as your question, which is why would someone do this - no one knows why anyone does anything when it comes right down to it.
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