Legal advice????

[rusty_nail]

Thank you so much for the replies. ..

I will have to make a few calls tomorrow in regards to having to have to show up to the vcat hearing as it is something I would rather not show up to if I can help it....
Bloody miles away ...
I hate the way they have dealt with the whole thing and have shown no real compassion and have not tried to work with us at all... everything else has gone well and all have systems in place to deal with this and have been polite and understanding. ..

I appreciate the advice if only in personal experience or actual experience. . Thanks

Jono, gimme a call mate, my grandfather and old man are family law solicitors and estate matters are one area the deal with ALOT, ill put you onto dad and he'll steer you in the right direction.

[sooty_10]

I'm sorry to hear about your mum's passing AB, this highlights a simple point though and especially if you or your parents are getting older the need for a will can dramatically simplify things in the event of someone's death. I'd encourage you all to simply have a basic discussion with your parents and spouses/significant others in regards to wills as it is important to know if they have one, where the will is and to a lesser extent who the executor is. You don't need to go into detail with them, but always a nice to know in the event that something tragic does happen. I'm in the process of getting mine updated and they take no time at all, and really for the small cost (couple of hundred $ for two wills) a lot of peace of mind that my family won't have to fight with state trustees or others in the event of my death.

[sooty_10]

And to add further AB, as everyone is telling you debt is not transferrable to next of kin etc. The debt goes with the deceased person, however claims can be made to the deceased estate, which all has a process. If there is nothing left in the estate then the people who are owed the debt luck out and that's the risk they take. However if you signed for and are paying for the property on your mothers behalf then it may be more complicated, as technically you are the one in the contract. As suggested seek some professional advice, there are free/low fee services around for advice and this stuff happens all the time, so it isn't something new or complicated to the professionals. I've been speaking to my local conveyance/wills lawyer on the phone for advice about wills and title changes etc and not once has he said anything about money, sometimes it doesn't hurt to give one a call for a quick question.

[Cuppa]

Just adding to say that unless you were signatory to any of the debts then you are not liable as I understand it. Take the advice of others here to get fee free professional advice & quickly. I think it likely that part of that advice will be not to front at the VCAT hearing.To attend may indicate a willingness to cover her debts to the co-op? You don’t have to attend unless served with a legal subpoena to do so. Last September my mum died & my sister was the executor of her will. As executor she was required to pay all debts from Mum’s estate. If Mum’s estate had not been sufficient to cover the debts the debts would not have been paid. Where no will has been left I imagine the role of executor is taken on by authorities, & if that is so, if anyone should attend the VCAT hearing I would think it should be them, not you. You were not responsible for your Mum’s debts when she was living any more than you are now.

[Bloodyaussie]

Thanks guys I feel so much better after talking with Nicks dad and he has told me if I really want I cant just do nothing at all....

At this stage there is nothing vcat can do as there is no death cert. and I am supposed to approach the supreme court for them to start the whole process and with out any of this nothing else can go forward as the estate is in probate.

They have no more right to any money owing than optus or the gas company...

He also said (in my words) they are a bunch of shit bags and if they like they can go to my mums grave and ask for the money... they will need a 4wd to get there!!!!!

I am to stop calling people and to write letters only...

[MudRunnerTD]

Nic your a legend mate