Legal advice????

[Bloodyaussie]

Many of you know my mum passed away in January and she was renting with a charity co-op in Frankston.

When she passed she had little in her account and there was no will and it was all going to be state trusty... from advice from my uncle we made big attempts to get mums place emptied out and just about everything went to charity or to the tip... there is a suzuki Vitara that is not worth much at all which we took from the property and left here only to get it out the way as we know it is not ours to do anything with..

Her account is frozen and could only access her funds to pay the funeral costs which we did.

We left our contact information with the housing co-op but never heard anything from them the whole time until my wife sent them a letter saying we have done the best we can to empy out the place but are not able to do anymore.

Now this is where it turns to shit and they now say they have been leaving messages on my wifes phone (not true) and that they want the whole property cleaned gardens done and rent paid or they will take us to court as we put our hands up????

3-4 weeks ago I got a bunch of paper work saying they had put a case in with vcat and today I received the official paper work that was addressed to my mum c/o me ???

And on the my mums name only as the respondent.... I am broke and cant afford to see a lawyer and a member on heres mum works in a family law firm and said that they cant take nothing from me??

This is very stressful for us as we have no understanding and feel that we should have just left everything as it sat and not touched a thing....

I think I might have to see about trying to speak to legal aid but hoped some one on here had some experiance..... I am fed up with how this year has been going and even my daughter is starting to show strains and cried tonight as she is worried ??

I feel like going to the housing co-op and stuffing all this paperwork down the mouths.

All up I think the bill for rent and repairs is about $4000 ???

[Maxhead]

Sorry mate, I cant help but this does not sound right. Tell them to get stuffed and pay you for emptying the house and you can do the gardens for them at a reasonable price.

[TPC]

You should not have to pay any debts she has accrued unless you had co-signed.
Look on this site.
http://www.humanservices.gov.au/customer/subjects/what-to-do-following-a-death

Looks like they give free legal advise too.

[the evil twin]

There are places you can go to get free legal advice or at a nominal fee.
Here in WA one is called Citizens Advice Bureau that specialise in Estates, probate etc. but that will probably be different in other states.

When someone dies intestate that does not mean that children (issue is the term that the lawyers use) have no rights or claim on the estate and can seek to be the Executors of the Estate.
It will be up to the courts etc to sort out probate and figure who can be executor or trustee of the estate.

It sounds to me like the Co-op is maybe just lodging their claim against the estate of your Mum as they have assumed you will be applying for probate or executor of the estate.

As TPC mentioned you are in no way liable for any debts your Mum accrued.

AFAIK if it is a state trustee matter then they will need to lodge with them.

Please note I am not a professional in these matters, just had to deal with similar issues last year so I STRONGLY recommend a few phone calls to get legal advice as it is definitely different for each state

[MudRunnerTD]

Hey Jonathan,

Sorry that you have to go through this, it sux. I don't believe that your mums debt is transferred beyond the estate. I also can't imagine that you would be liable for any rent beyond 4weeks from your mums passing. I expect that you gave them notice of her passing and it is what it is??

I recommend that you go to the Law Institute of Victoria. http://www.liv.asn.au/Referral

The LIV have a referral service and if you use the referral service you are entitled to a free 1 hour sit down with a Member of the LIV. Use the service mate.

Good luck bud.

[Gecko17]

Mate, my area is more criminal law, but I think the link TPC posted covers it pretty well. My understanding was that, unless you were personally named in any financial documents, the housing co-op has to apply to the Trust to recoup any money. This will come out of any money she had at the time of her death, including any Bond she had for the flat.

This will also apply to any Superannuation she had as well. If she left no will then, if there is any significant amount left, any family members will also have to apply for that as well. If no-one applies, then it goes to the Commonwealth.

Sorry I can't give any better advice but I think that link should help you.

Best of luck

[Bloodyaussie]

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

[kevin07]

Many of you know my mum passed away in January and she was renting with a charity co-op in Frankston.

When she passed she had little in her account and there was no will and it was all going to be state trusty... from advice from my uncle we made big attempts to get mums place emptied out and just about everything went to charity or to the tip... there is a suzuki Vitara that is not worth much at all which we took from the property and left here only to get it out the way as we know it is not ours to do anything with..

Her account is frozen and could only access her funds to pay the funeral costs which we did.

We left our contact information with the housing co-op but never heard anything from them the whole time until my wife sent them a letter saying we have done the best we can to empy out the place but are not able to do anymore.

Now this is where it turns to shit and they now say they have been leaving messages on my wifes phone (not true) and that they want the whole property cleaned gardens done and rent paid or they will take us to court as we put our hands up????

3-4 weeks ago I got a bunch of paper work saying they had put a case in with vcat and today I received the official paper work that was addressed to my mum c/o me ???

And on the my mums name only as the respondent.... I am broke and cant afford to see a lawyer and a member on heres mum works in a family law firm and said that they cant take nothing from me??

This is very stressful for us as we have no understanding and feel that we should have just left everything as it sat and not touched a thing....

I think I might have to see about trying to speak to legal aid but hoped some one on here had some experiance..... I am fed up with how this year has been going and even my daughter is starting to show strains and cried tonight as she is worried ??

I feel like going to the housing co-op and stuffing all this paperwork down the mouths.

All up I think the bill for rent and repairs is about $4000 ???

firstly tell to get f ed your name is not on the lease 2 chamber magristate at your local court can give you advice. im sorry for your loss and I believe they are pulling your leg some people use the fact that most people don't know about things to con them out of money. and this is what is happening to you and your mothers estate. make appointment for the chamber

[kevin07]

grrrr I have to write more im angry now. as you would be aware my brother passed earlier this year ive had countless people talking shit trying to con my nephews from his estate or parts of it. told many what I think and I don't leave anything to be misunderstood and a few offers for a personal meetup as well at this time when your upset and grieving for your loss the effen grubs want to effen rip you off. im pissed. luv to my fellow trollers kev

[threedogs]

As with my missus folks and my mum and dad passing their debts [none ] are not transferable they died when my folks went.
PPl are bloody greedy at this time and prey on the grief stricken, seek advice its not your debt and stick to your guns,
Wife had to go through state trustees it took years to settle two houses .

[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