CONTACT THE ESTATE LAWYERS WITH YOUR QUESTIONS
SPECIALIST LAWYERS ASSISTING WITH PROBATE AND ESTATE ADMINISTRATION
We can assist you with all work which might be required in your role as Executor or Administrator of a Deceased estate. Some clients might wish to instruct us to complete all work required to administer the estate whilst others will only instruct us to obtain the Grant of Probate and they would prefer to complete the rest of the estate administration work themselves.
Our solicitors would like to discuss with you the legal services you might require so that you are receiving the legal assistance you want. For example, you can instruct us to:
Obtain a Grant of Probate or a Grant of Letters of Administration
Find a missing Will and/or retrieve it from another solicitor or entity
Close bank accounts
Assist you to transfer or sell shares
Instruct accountants to finalise tax affairs and lodge returns
Transfer property and assist with the sale of a property if required
Work with your financial advisors regarding inheritance of any investments
Appropriate estate assets between beneficiaries
Close superannuation accounts and call for the payment of superannuation death benefits
Attend to the payment of estate liabilities and reimburse estate expenses
Some of the questions we are asked about what we can do to help Executors to administer Deceased estates in Queensland are below. Press +/- to expand and reveal the full answer.
We're here to help, simply contact us today with any questions you may have.
FREQUENTLY ASKED QUESTIONS REGARDING DECEASED ESTATE ADMINISTRATION
+ I DON’T HAVE ANY SPARE TIME. CAN THE ESTATE LAWYERS DO ALL THE WORK?
Yes.
The Estate Lawyers have a network of professionals in various service industries so that if you do not want to clear houses, donate furniture, conduct garage sales, sell cars, prepare and finalise tax returns or manage the estate’s money in your own bank account, we can arrange all of this for you.
As your solicitors we must always act based on your instructions but provided you give us instructions to engage professionals to complete this work, your involvement as an Executor could be as little as providing instructions to us and signing some paperwork from time to time.
+ WHO PAYS THE LEGAL FEES TO REPRESENT AN EXECUTOR?
Any proper costs incurred by an Executor are paid from the estate as an estate debt.
Often solicitors will require payment of their costs by the Executor who is repaid from the estate later.
At The Estate Lawyers, we would be happy to represent an Executor without asking the Executor to pay our fees themselves.
We would be pleased to represent an Executor on the basis that our fees are paid from the estate once the estate assets are realised.
+ DO I NEED TO OPEN AN ESTATE BANK ACCOUNT?
No. The Estate Lawyers can receive all estate funds into our trust account. A trust account means money that belongs to a client.
We cannot deal with any money in our trust account without a written authority from our clients and so if you are an Executor and don’t want the hassle of opening a bank account for the estate, you won’t need to.
+ CAN YOU DEAL WITH DIFFICULT BENEFICIARIES OR A CONTEST TO THE WILL?
Absolutely.
We appreciate all families have different dynamics and some people might be more difficult than others and you would prefer we deal with them for you. We would be happy to do that.
Also if the problems turn into litigation where the Will or estate is disputed in any way, The Estate Lawyers will represent you as Executor to oppose the claim.
The solicitor who is handling the estate administration will also represent you in any estate litigation and so you will not need to deal with different lawyers at our firm.
+ I KNOW THERE WILL BE A WILL AND ESTATE DISPUTE. CAN YOU HELP?
We certainly can.
If you are appointed as an Executor and you know there is going to be some form of Will or estate dispute, we can develop a strategy early on to deal with the pending litigation.
It could be that we take steps to advance the pending litigation quickly or alternatively, if you wish, we could try to settle the Will or estate dispute before Court proceedings are filed to minimize the cost of legal fees to the estate.
+ WHAT IF I AM APPOINTED AS A TRUSTEE OF A TRUST
If you are appointed as a trustee of a trust, whether that trust is created by a Will or in any other document, The Estate Lawyers can assist you to comply with your obligations as trustee.
In many cases a failure to act in accordance with your legal obligations can lead to a personal liability and so it is important that you seek advice and act on it.
The costs to seek advice from The Estate Lawyers about your role as a trustee are payable from the trust fund.
GOT QUESTIONS? GET ANSWERS FROM THE ESTATE LAWYERS. YOUR INITIAL CALL OR EMAIL IS FREE
We always want to speak with any potential new client. It does not cost you anything to get in touch with one of our specialist estate lawyers. We will provide you with some initial guidance free of charge and we can discuss with you our fee proposal for any work you might require and the time frame for the completion of your work. Call us during business hours or choose contact us for email and other contact information.