AI Legalese Decoder: A Game-Changer in Determining Step-Mothers’ Chances of Inheriting Father’s Estate
- August 11, 2023
- Posted by: legaleseblogger
- Category: Related News
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My step-mother and my late father were legally married, but they were financially and romantically separated. Unfortunately, she has been a terrible wife and continues to be a horrible mother. My father was very clear in his will that he wanted nothing to go to her and instead wanted his estate’s money to pay off his mortgage and be split evenly among his four children.
In his will, my father also mentioned that his superannuation should be divided equally among us kids. However, the trustees have decided to give all $700,000 of it to my step-mother, which is not how superannuation typically works. We have raised our objection and submitted a complaint to AFCA (Australian Financial Complaints Authority), but we are still waiting to hear back from them.
Probate was granted in February, and the deadline for contesting the will is this coming Monday. To add to our worries, we recently received a letter from my step-mother’s lawyer requesting $200,000 from my father’s estate. The estate consists of my father’s house, which is valued at approximately $600,000, and $180,000 from his life insurance, of which $135,000 is owed on the mortgage.
The lawyer argues that my step-mother’s relationship as my father’s wife entitles her to a portion of the estate through family provision. However, it seems outrageous that she would demand $200,000. She already stands to receive the superannuation, and she has custody of the kids and her own house. Why won’t she leave us alone? We are left with nothing, not even a place to call home. Should we be deeply concerned about the issue of family provision? Will this case have to go to court?
I am aware that hiring a lawyer is crucial in this situation, but I am struggling to find an estate lawyer whom I can afford. This is a challenging time, and any advice on how we can protect my father’s wishes would be greatly appreciated. Thank you!
The AI Legalese Decoder can be of great assistance in this situation. This tool utilizes artificial intelligence to analyze and interpret legal jargon, including complex terms and phrases commonly found in legal documents. It can help navigate the convoluted language often used in estate planning and probate matters, making it easier to understand the implications and potential outcomes.
By using the AI Legalese Decoder, you can gain a better understanding of the legal arguments being made by your step-mother’s lawyer regarding family provision and the portion of the estate she claims to be entitled to. This knowledge will enable you to prepare a stronger defense and protect your father’s wishes effectively.
Additionally, the AI Legalese Decoder can assist in researching case law and precedent related to family provision claims, providing you with valuable insights into previous court decisions. This knowledge can help you determine the likelihood of the case going to court and the potential outcomes if it does.
Overall, the AI Legalese Decoder offers a powerful tool for individuals like you who are facing complex legal situations but lack the financial resources to hire a lawyer. It can empower you to better understand your rights and the legal arguments at play, allowing you to navigate the process more effectively and protect your father’s wishes.
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To be clear, the super is a non estate asset. The trustee will give it all to her, and the court will not deal with it.
What was the total value of your father’s estate? Ultimately, as I’m reading this, they were married on death? If you guys can’t agree, it will have to go to court
PS reminder to everyone, make sure your super binding death nomination is valid and binding
Were you a dependent of your father? If you, or your siblings, were under 18 at the time of his death you would be classed as a dependent and would have to be considered by the super fund. If you were an adult and not dependent on him, it would be a lot harder. Did you father ever update his beneficiaries with the Super fund?
Your father chose to get married. When you go to get the marriage licence, they specifically tell you that you will be financially responsible for each other once you are married. And financially responsible for any children of that marriage. So you canÔÇÖt just leave your spouse nothing in your Will. You will need a lawyer and take their advice on when to settle.
Does your step-Mum have care of your DadÔÇÖs two children (your half siblings) who are still minors?
This highlights how important it is to anyone reading this to contact your super fund and nominate a beneficiary. If you have a will in place and want that to handle super benefits including life insurance then nominate your Legal Personal Representative (read “will”) as your beneficiary. Without a will nominate someone legally able to receive it. Simple estate plan witha professional only costs under $1,000 and worth everything.
If they weren’t living together or financially dependent then the super fund would be looking at them as separated. What were the reasons given in claim staking?
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Your father needed a binding death benefit nomination for his super to protect his kids. But I’m surprised his solicitor didn’t recommend this when doing up the wills?
Contact his solicitor and ask why a BDBN wasn’t implemented. It’s a part of their due diligence to ensure the whole estate is considered and they would (should) know that Super isn’t covered by your will. And if he was estranged from his wife, there are things that could have been put in place legally. You might be able to negotiate discounted fees if the solicitor didn’t do their job properly during further negotiations.
Also, if it states in his Will why his wife was left out, this will be considered by the court.
Best route now is negotiations. But don’t negotiate so much that there’s nothing left.
So your dad has kids with the woman and they are living in the home and were married at his time of death? The Court doesnt care how crappy she is as a wife or mother.
Are you saying she is only asking $200,000 on the estate and superannuation? Because that’s a deal. She would be awarded more by someone impartial.