View Full Version : What am I gunna do with these?
p38arover
4th March 2008, 11:15 PM
These were my son's:
https://www.aulro.com/afvb/images/imported/2008/03/462.jpg
https://www.aulro.com/afvb/images/imported/2008/03/463.jpg
https://www.aulro.com/afvb/images/imported/2008/03/611.jpg
The Nissan has a Subaru diesel alternator in the side. Pity it's 100V 60Hz.
https://www.aulro.com/afvb/images/imported/2008/03/612.jpg
abaddonxi
4th March 2008, 11:28 PM
Ron are you the executor of your son's estate?
Cheers
Simon
p38arover
4th March 2008, 11:42 PM
Ron are you the executor of your son's estate?
Cheers
Simon
No. He's left no Will so I guess it's the Public Trustee. He had no relationship with anyone so there is no one to claim on his estate (as far as we know).
BMKal
4th March 2008, 11:42 PM
You shouldn't find any difficulty selling either of those Ron, especially that Nissan. A mate of mine recently sold a Toyota Coaster kitted out for travelling & camping for more than $50K - and his didn't look anywhere near as good as that Nissan.
p38arover
4th March 2008, 11:50 PM
The Nissan is a 1987 model with less than 8,000km on the clock - genuine. We have the log books.
Tank
5th March 2008, 12:03 AM
The Nissan is a 1987 model with less than 8,000km on the clock - genuine. We have the log books.
Ron, see a solicitor, don't let the Public Trustee get their hands on your son's property, I am pretty sure if no will the next of kin is the beneficiary, anyhow mate check with a trusted solicitor, Regards Frank.
p38arover
5th March 2008, 08:15 AM
Fortunately, my wife's nephew's partner is a solicitor.
We'll be seeing her for advice even though it's not her field. At least she can offer sone advice or ask others in her office.
LRHybrid100
5th March 2008, 09:30 AM
Geez that Camper looks GOOD
LRH
George130
5th March 2008, 05:35 PM
Geez that Camper looks GOOD
LRH
Very good.
cartm58
5th March 2008, 06:15 PM
Ron
Public Trustees will charge the estate for winding it up about 6% varies from State to State.
As he died intestate "without a will" property will be divided up on basis of nearest living relatives unless someone comes and makes claim on estate like creditors, unknown child, unknown spouse etc.
Legally you cannot dispose of his belongings as you have no legal rights as executor or beneficiary etc.
Again best advice see your friendly Solicitor, they will have someone in the firm who can advise you.
Plenty of on line advice available as well about basics
Google is your friend
cartm58
5th March 2008, 06:19 PM
Who gets it when you don't have a will (Intestacy):
If you have a spouse and no children, all goes to the spouse.
Bear in mind that spouse includes de facto spouse and for this purpose if there is no legal spouse and no children, there is no minimum period of the duration to qualify. If there is a legal spouse or children then the relationship must have continued for a continuous period of 2 years, otherwise the legal spouse gets it. Some clever legal spouses offer their separated spouse a ‘second chance weekend’ at least once every 2 years to maintain this status. “Spouse” can be a same sex partner. The usual hallmarks of a de facto relationship are sharing accommodation and sexual relations, perhaps joint bank accounts and expenses. Each case has to be looked at on its merits.
If you have a spouse and children, the spouse gets the first $200,000 of your estate, the household chattels and half the balance. However, if the spouse’s share won’t be enough to give him/her the matrimonial home then the share increases to get the home and the children’s share is reduced accordingly. This only applies if your spouse exercises the choice to take the house within 12 months of the grant of administration (by giving a notice). If the spouse dies before giving the required notice, the right is lost.
If no surviving spouse but children then the children get the whole estate equally. If any children have died before you but have left children of their own (your grandchildren) then the share passes down the line i.e. to their children and if any of those have died before you, to their children etc.
If you leave no surviving children, grandchildren or spouse, then it passes to your parents.
If no parents then to brothers and sisters of full blood. Like children, if any of them have passed away before you, their children take their share (these are your nieces and nephews).
If no brothers and sisters of full blood then to brothers and sisters of half blood (step-brothers and sisters) and again if any have not survived then their share goes to their children (but no further down the line).
If no brothers or sisters then to uncles and aunts (being full blood brother or sister with your parents) but unlike your brothers and sisters, their children (your cousins) do not get the parents share if the parent died before you.
If no uncles and aunts of full blood with your parents then uncles and aunts of half blood with your parents. Again their children do not get their share if they died before you.
If no one in the above groups then it goes to the government (State).
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