AT REST
I recently acted as executor for my mothers estate. Nothing difficult about it, my brother and I get on quite well so no arguments. Number one is to go through all the deceased's accounts and notify all of the relevant people of the death. I didn't have any problems shutting down all mother's accounts except for her bank's. I told them to just note the fact and wait for the paperwork.
Then off to a solicitor to get probate through the courts. The cost for that is somewhat north of $1K. By the time I needed to pay that mum's bank had received certified copies of the will and a solicitors letter, so they allowed me to draw cheques for any estate related expenses. That's all the final accounts and the probate registry fees.
Once probate was granted (some months later due to some errors in the hand drawn will) I set up an estate management account at my bank and paid the various bits of estate into that and paid the solicitor. Once the money's distributed and all accounts settled there's only the final closing statement left to do.
Master
SubscriberSorry to hear of your loss.
I am one of the executors for my wife's estate. The will is simple, everything goes to our kids plus a couple of small bequests to my mother-in-law and niece.
I too would recommend using a solicitor, these things are bread and butter for them and they know exactly what to do and how to do it. In NSW there are set fees based on the size of the estate, so there are no surprises on fees.
Cheers
Mike
OldBushie
Thanks for the advice everybody, some good tips there. A solicitor did draw up the will but as the estate is only a small one I am trying to keep legal fees down, so I guess I have a lot of legwork to do.
It never rains unless it pours, we had to get our dog put down this morning. She was an old dog, on medication had an enlarged heart and breathing problems, but sadlythe time had come when we could see she was suffering too much.
The wife is all tears, but she is relieved that a difficult descision has been made.
I have done it twice. As others have said get a solicitor to work on it. Your job is to honour the deceased wishes.
Go through every piece of paperwork looking for assets to claim for the estate, particularly insurances, superannuation and physical assets.
Double check everything the solicitor does - I once found an $8000 mistake in his clerk's additions.
Hopefully the will's intent is clear. I found it helpful to think of being the executor as a way to honour the deceased.
Incidentally you can discover interesting things. Buried in my father's papers I found a document which proved my mother had been married previously, to an American serviceman, which had been hidden from us kids.
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AT RESTHI sorry for your loss, I was executor of my mums will along with my other brother. The best thing to do is to see a lawyer. As it has to go through probate. Also go to center link, if he had a pension they will give you some money for the funeral. You have to take the death certificate and his center link number. I think for what I can remember it was about $300.00, that was about 9 years ago. Also with any insurance that he may have had on house etc contract them as if he has paid a full year, they may return money as you cancel insurance. Mum got back about $100 for house insurance. I do not know if they still do it now or not. All the best it is not nice thing to do, but you have to remember that he wanted you and trusted you to do these things for him. He must have though a lot of you to do this. Heather
Master
I clicked on this thread because I am (still) setting up my will.
Trying to make it as easy as possible for the survivors and executor, often I will think about something else to add to it.
e.g. I have got the forms from my banks for closing the account of a deceased person. The forms will likely be out of date by the time comes - but of course we don't know when - but they are part of the package that I am trying to put together for it all.
Maybe I am overthinking it, but I have read some stories and tales about people dealing with estate that was a real untidy mess.
Look after yourself, it is easy to get focused on the job and then forget to grieve and later it all catches up
You might like to consider preparing powers of attorney and storing them with your will so if something affects your ability to function the steps are already in place for someone you trust to manage your affairs.Originally Posted by Hay Ewe
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AT RESTAlso I found out from the lawyer that help me, was that the will has to be mint condition not have any pin or staple marks as they think that something has been taken off the will by someone. So you will see that lawyers that make up wills will not use staples pin etc. Heather
OldBushie
The Will will be mint condition, as I remember talking to my nephew several years ago when he was thinking about a Will to go to a solicitor that I recommended. Thankfully he followed my advice (for once) and we are both well known by this solicitor as we both have had dealings with him before on things such as real estate contracts etc.
ChatterBox
Another form to have completed is an "Advanced Health Directive":"An Advance Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions."
We were advised to ring around various funeral companies before it becomes a requirement to get prices so it's not an emotional decision - they are in business to make money. Choose what sort of coffin etc.
Also, state your preference for funeral/burial/cremation/service etc
Power of attorney and enduring power of attorney:
"A power of attorney is a document that appoints another person, called an "attorney," to make financial and legal decisions for you. An enduring power of attorney allows your attorney to make financial and legal decisions for you if you become mentally incapable because of accident or illness"
Lots of documents that need to be completed while you're mentally capable and kept in a safe place but easily accessible if required.
As soon as you notify the banks they will freeze the accounts, just something to be aware of if there are direct debits etc. Depending on how your accounts are setup it might be sensible to transfer some money out so the estate has money to function on until the estate bank account is set up.
98 Harvey the tractor - 300 tdi Defender Wagon
84 Alfetta GTV
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