I need to know....

Anything!

Re: I need to know....

Postby Corona Man » Tue Oct 15, 2024 1:28 pm

Has anyone ever had to deal with Probate?

This one is a little complex, but not over the top I would imagine.

Step Father passed away over 12 months ago. Both he & Mum, who passed away a few years earlier had identical wills.

Process is being "handled" (I use the term loosely) by a Probate Lawyer in Qld. Step Father moved to Qld soon after Mum passed.

Executor of the estate, is Adelaide based guy, who I only met during the funeral arrangements for Mum. He was apparently a mate of my Step Father, who by that stage was into stage 2/3 of dementia. Yes its ugly.

So more than a year on we are no nearer to settling the estate. I am at the point of getting my own independent advice on the matter. As it stands, to have not distributed the estate to the beneficiaries, 12 months post death..... the executor has failed to meet his obligation.

How do I move this forward?

I do not know who holds the proceeds of the estate, if these funds are gathering interest, nor who is the beneficiary of said interest.

I have lost faith in the process, and trust in any & all involved.

Sucks hairy balls.
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Re: I need to know....

Postby heater31 » Tue Oct 15, 2024 1:54 pm

Best to get your own advice mate.
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Re: I need to know....

Postby dedja » Tue Oct 15, 2024 2:04 pm

Do you have a copy of the Will? Does the Executor have the actual Will (this is mandatory). If so, are you definitely a beneficiary as defined by the Will?

If you haven’t already, discuss with the Executor as it’s their job is to determine the assets and understand the details of the will in order to execute it.

The first thing is to ensure that the will is valid and recognised by the Court (probate). Once this is granted, the Executor can commence the process of executing the Will.

In SA, granting probate is approx 4-10 weeks (according to Courts SA).

If the Executor doesn’t provide answers to your questions, then seek independent advice.
Dunno, I’m just an idiot.

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Re: I need to know....

Postby Jimmy_041 » Tue Oct 15, 2024 2:06 pm

What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef
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Re: I need to know....

Postby locky801 » Tue Oct 15, 2024 2:07 pm

Jimmy_041 wrote:What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef



Memories of the early 1970's :D
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Re: I need to know....

Postby Booney » Tue Oct 15, 2024 2:09 pm

Jimmy_041 wrote:What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef


Does it mention the school they went to?
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Re: I need to know....

Postby Corona Man » Tue Oct 15, 2024 2:14 pm

dedja wrote:Do you have a copy of the Will? Does the Executor have the actual Will (this is mandatory). If so, are you definitely a beneficiary as defined by the Will?

If you haven’t already, discuss with the Executor as it’s their job is to determine the assets and understand the details of the will in order to execute it.

The first thing is to ensure that the will is valid and recognised by the Court (probate). Once this is granted, the Executor can commence the process of executing the Will.

In SA, granting probate is approx 4-10 weeks (according to Courts SA).

If the Executor doesn’t provide answers to your questions, then seek independent advice.



Yes I have a copy of the Will. Yes I am a beneficiary. Yes the executor has a copy of the Will. I have discussed with the executor of the will his ability to distribute funds per the Will. I understand the Will is valid, and that the Probate lawyer is awaiting instruction from the executor to distribute funds. We provided bank details, and proof of identity in early September 2024.

This Probate is being executed (apparently) in Queensland. In my dealings wuith the Probate lawyer, I get the impressions its the first Probate they have ever handled. A piss poor effort being made.

The executor is not returning my e-mails. I smell a Rat. And I am pi55ed off now.

PS - I have had some independent advice, that I am acting on.
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Re: I need to know....

Postby dedja » Tue Oct 15, 2024 2:21 pm

All the Probate lawyer has to do is register the appropriate forms with the appropriate state court (QLD) so that the will is formally recognised by that court so that the Executor may perform their duties.

Once probate has been granted by the court, that (probate) lawyer can sometimes be utilised to provide advice to the Executor, but the Executor has full responsibility and authority to execute the will and distribute the assets accordingly.

Definitely seek independent legal advice. ... it will cost you a little bit for the advice, but definitely worth it.
Dunno, I’m just an idiot.

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Re: I need to know....

Postby Jimmy_041 » Tue Oct 15, 2024 2:24 pm

Booney wrote:
Jimmy_041 wrote:What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef


Does it mention the school they went to?


Im concerned about that "lolly shop" opposite the Persian restaurant
My dogs get shorn next door

Mind you, the Iraqi barbers would probably handle the perpetrators with a minimum of fuss
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Re: I need to know....

Postby Jimmy_041 » Tue Oct 15, 2024 2:26 pm

dedja wrote:All the Probate lawyer has to do is register the appropriate forms with the appropriate state court (QLD) so that the will is formally recognised by that court so that the Executor may perform their duties.

Once probate has been granted by the court, that (probate) lawyer can sometimes be utilised to provide advice to the Executor, but the Executor has full responsibility and authority to execute the will and distribute the assets accordingly.

Definitely seek independent legal advice. ... it will cost you a little bit for the advice, but definitely worth it.


Agree -

It's been done before: https://www.adelaidenow.com.au/news/nat ... b528eabdf9

Stockbroker Allan Moffatt taken to court after he 'failed to tell charities of $6m bequest'
FIVE Adelaide charities are fighting for control of what's left of a $6 million estate, after a stockbroker lost $4m of its value - and allegedly never told them of the will.
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Re: I need to know....

Postby Mr Beefy » Tue Oct 15, 2024 4:59 pm

Jimmy_041 wrote:What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef

pay up or get fire bombed
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Re: I need to know....

Postby gazzamagoo » Tue Oct 15, 2024 5:52 pm

Mr Beefy wrote:
Jimmy_041 wrote:What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef

pay up or get fire bombed


Leb war
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Re: I need to know....

Postby dedja » Tue Oct 15, 2024 6:06 pm

gazzamagoo wrote:
Mr Beefy wrote:
Jimmy_041 wrote:What's the real story behind this tobacco war in both SA and Victoria?

https://www.adelaidenow.com.au/truecrim ... f633bef5ef

pay up or get fire bombed


Leb war


Amateurs … pros would use sabotaged pagers and walkie talkies.
Dunno, I’m just an idiot.

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Re: I need to know....

Postby Armchair expert » Tue Oct 15, 2024 6:14 pm

The vape shop in Torrensville that was firebombed last week was open only days later, they don't mess around.

was fixed by blokes in a ute with Vic plates...
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Re: I need to know....

Postby locky801 » Tue Oct 15, 2024 6:39 pm

Armchair expert wrote:The vape shop in Torrensville that was firebombed last week was open only days later, they don't mess around.

was fixed by blokes in a ute with Vic plates...


and now we wait with baited breath for the next episode ;)
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Re: I need to know....

Postby LaughingKookaburra » Wed Oct 16, 2024 12:09 pm

locky801 wrote:
Armchair expert wrote:The vape shop in Torrensville that was firebombed last week was open only days later, they don't mess around.

was fixed by blokes in a ute with Vic plates...


and now we wait with baited breath for the next episode ;)


These shops have gone nuts since Labor have taken power. Only 4 years ago if you opened up an illegal tobacco shop in SA you’d be shut down in 5 minutes. It’s not rocket science why Libs kept on top of it as it’s gone to shit in recent years. There are 2 major factors why this has happened in SA.

It’s out of control now and 200 locations would be a safe bet. It’d be closer to 300+ I’d say. I also find it amazing how people have such a strong opinion on gangs and drug dealers yet go out and support the same king pin organisations by purchasing chop chop.
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Re: I need to know....

Postby Dutchy » Wed Oct 16, 2024 12:12 pm

My son works on the front counter at Woolies down South and has seen a massive drop off in tobacco sales over the last 6 months. Regulars who would come in every 2nd day haven't been seen.
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Re: I need to know....

Postby LaughingKookaburra » Wed Oct 16, 2024 12:24 pm

Dutchy wrote:My son works on the front counter at Woolies down South and has seen a massive drop off in tobacco sales over the last 6 months. Regulars who would come in every 2nd day haven't been seen.


Wait until next year when people won’t be able to buy their favourite brands and flavours any more. The only way you’ll get it is travelling or illegally
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Re: I need to know....

Postby Armchair expert » Wed Oct 16, 2024 12:27 pm

locky801 wrote:
Armchair expert wrote:The vape shop in Torrensville that was firebombed last week was open only days later, they don't mess around.

was fixed by blokes in a ute with Vic plates...


and now we wait with baited breath for the next episode ;)


Bang next neighbourhood over and a vape shop at Cowandilla is targeted
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Re: I need to know....

Postby Armchair expert » Wed Oct 16, 2024 12:29 pm

LaughingKookaburra wrote:
locky801 wrote:
Armchair expert wrote:The vape shop in Torrensville that was firebombed last week was open only days later, they don't mess around.

was fixed by blokes in a ute with Vic plates...


and now we wait with baited breath for the next episode ;)


These shops have gone nuts since Labor have taken power. Only 4 years ago if you opened up an illegal tobacco shop in SA you’d be shut down in 5 minutes. It’s not rocket science why Libs kept on top of it as it’s gone to shit in recent years. There are 2 major factors why this has happened in SA.

It’s out of control now and 200 locations would be a safe bet. It’d be closer to 300+ I’d say. I also find it amazing how people have such a strong opinion on gangs and drug dealers yet go out and support the same king pin organisations by purchasing chop chop.


Every new store is either a

Vape Shop
NDIS
RTO
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