Estate Administration

After someone has passed away, the family will be faced with a series of difficult but important decisions.
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If you are the Executor of a Will, we can help you through the difficult process of administering the deceased’s estate.

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Will there be a burial or a cremation?

​If you are the Executor and the deceased did not advise you of their burial preference try contacting the law firm holding the original Will to see if the deceased gave instructions in a Will, Letter of Wishes or directly to the lawyer.

How will we pay for the funeral? Can I be reimbursed if I pay for the funeral?

Yes.  If the estate is solvent, then funeral expenses (and other expenses such as legal expenses) can be paid out of the estate as if they were a liability owed by the deceased.

​​You should keep the invoices (proof of the charge) and receipts (proof of the payment) and provide these to the Executor so that you can be reimbursed.  If there are insufficient funds in the deceased’s estate, seek legal advice.

What is the Executor's Role?

The Executor is responsible for:

1. arranging the funeral;
2. applying for Probate if required;
3. locating the beneficiaries;
4. collecting estate assets;
5. paying estate debts and taxes;
6. finalising estate tax affairs; and
7. attending to a distribution of the estate.

From time to time, someone will argue that the Will was unfair or that it was not what was promised. It is the Executor’s responsibility to respond to these claims.  

EV's Testimonial

Our client shares her experience of estate administration with YHC Lawyers.

"There is nothing more overwhelming than the loss of a child, even an adult child. 

When my son and his partner were killed in an accident in the US, my family on the Sunshine Coast and his partner's family in Western Australia were overcome with grief and turmoil compounded by the feeling of helplessness by being so far away. 

Suddenly what I had never considered a possibility was a reality.

Fortunately, we were put in touch with YHC Lawyers who represented both of our families and negotiated the very complicated business of dealing with another country’s legal system and requirements and assisted us in the process of all that had to be done. 

Loan Chow sees us at our worst; grief, despair, inability to function as usual, and lack of knowledge with the process that needs to be followed. To her and her team falls the weight of dealing with the big picture and breaking it down to small steps that we can accomplish; from locating the Will, seeing us through the contesting of my son’s wishes, running interference from the very negative attitudes of some and in general taking the stress and strain off our shoulders when possible and giving us options in dealing with the issues that arise.

The final process of assisting us in getting the house ready to sell, organising agents who also were familiar with settling estates, cleaning and packing personal items negotiating meetings to finalise the sale were done smoothly. 

​The team at YHC were always courteous, ready to assist, answer questions, support, advise, listen and acknowledge. I highly recommend YHC for their professionalism and skill in assisting those of us in such difficult circumstances."

MORE QUESTIONS?

For more information or to get an answer to a different question, contact us...