- June 11, 2024
- Posted by: legaleseblogger
- Category: Related News
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Dealing with the Aftermath of My Father’s Passing
Introduction
My father recently passed away a few weeks ago and now I’m starting to look into everything that needs to be done. There was no will and no listed beneficiaries.
Family Dynamics
I am his eldest child, aged 33. He also has another child to another woman who is 25 years old, but he has been missing in action for years. Additionally, he has two more kids aged 13 and 11 to yet another woman, whom we cannot contact or find. How is this all going to go?
Legal Matters
The coroner says I am the senior next of Kin, but I am not sure what else, if any weight, this title holds outside of the coroner’s office.
Dealing with the Process
What happens? Do they need all four of us kids to go in and sign for release? What happens if we literally cannot find the other siblings? Do they just not release any of it? What will be the process here?
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****** just grabbed a
You need to go through a lawyer so this does not come back and bite you in the ass later down the track.
My brother died in his mid 30’s, own home, super and life insurance. No partner or children. No will.
Mum and Dad as his next of Kin got everything. Dad left my Mum when we were very little and since he’s not a monster he signed over his share of everything to me.
As neither Mum or myself were my brothers dependants we had to pay tax on the super and life insurance I think. Maybe the house sale too, but I can’t really remember.
You don’t need to pay a lawyer.
Call your dad’s super fund and they will walk you through it.
I’ve been through something similar recently (although I had a will and executor status. It all sucks balls and I’m sorry for your loss.
With no will, You’ll need to get what’s called Letters of Administration to be able to manage the estate.
Then super depends on if he has binding nominations or anything like that.
Super has it’s own rules and laws around what happens and it doesnt automatically become part of the estate.
Everything else it’s up to the group to decide what happens with the residuals, how to sell whatever needs to be sold etc
Also, check with all the law societies. I know my brother did this to look for a will for my dad, they can do some kind of check with all the actual law firms and stuff
My father had a binding nomination in with his super fund for it to go to his estate (dealt with by the will). The super fund still insisted on contacting anyone that might be a dependent and having them sign off on any claim before they would release it.
You do not need a Will or LOA for superannuation and anyone that tells you differently is wrong.
Superannuation is dealt with OUTSIDE your will.
When you set up the super fund, you nominate the beneficiary and what percentage they get.
Reminder – it has nothing to do with the Will.
So mail a certified copy of the death certificate to the superfund and go from there. If you’re a beneficiary, they’ll pay you.
End of story.
Sorry for your loss. This happened to me a few years ago, father died suddenly, no will. As the eldest child to my father who was no longer married, all I had to do was produce the death certificate, divorce certificate from him and my mother, and a stat dec to the superannuation board and it was done. Similar thing for bank account closure etc.
I didn’t use a lawyer I literally just called his fund and asked what I needed to do. This was 2015, unsure if any different means now.
Does he have property? Cash? Anything of value aside from super? Have you spoken to the super company? Did he have a binding nomination?
In terms of superannuation most of it, if not all of it, will go to his minor children.
Talk to the super fund. It depends upon what he’s done with nominating beneficiaries in his super. You and the next one, if you’re both normal functional adults, can not be nominated as beneficiaries in his super, and if you have been, then the nominations are not valid as you’re not dependents. The younger two, being minors, are still dependents however and are valid nominees as beneficiaries. This is assuming he did anything at all to nominate beneficiaries. Lots of people don’t, in which case the super trustee (that’s not quite the same thing as the super fund) must decide.
Unless he nominated as beneficiary his “legal personal representative” which is superannuation code for his estate, and has divided his assets up in a valid will, I can’t see you, or the 25 year old, getting any of this super. The trustee will be looking for dependents as defined in superannuation legislation.
But talk to the super fund and let them tell you.
Each of the kids puts in a claim to the super fund and then the super fund makes a decision about who gets what. It can take a while… usually pretty simple unless the kids are financially dependant on him. If they aren’t financially dependant, you’ll need to pay tax on the amount. Hope this helps.
Get a lawyer. You’ll need to apply for grant.
Check to see if there are any insurances payable
within your father’s super.
I believe passing super in concessional by death incurs a tax unless he recycled it to non concessional
Look into obtaining letters of administration. This may be called something slightly different depending on the state/territory you are in.
It’ll allow you to then legally deal with your father’s assets in the absence of a will.
Also, despite there being no will, did your father happen to complete a binding death benefit nomination in relation to his super? His superfund may answer this question once letters of administration have been granted.
Contact his super fund and provide them with a copy of the death certificate and they’ll let you know what info they need and send you all the forms required. Unless he had a binding beneficiary nomination for certain valid people (spouse, minor children or financial dependents), the fund trustees will likely want to pay the superannuation plus any insurance to the minor children only unless you and the other adult child can show financial dependency on him at the time of death.
Oh wow. Sorry for your loss. It might be complicated, given your much younger siblings exist and assuming you want to consider them. Get a lawyer because this will go through the court to appoint an administrator (you), they’ll step you through it and help you to ensure there’s something to share with siblings if they present themselves.
Contact the super fund. They deal with this all the time.
Sorry for you loss
Without a will, getting access to anything is going to be a shit show
Expect no superfund will talk to you due to privacy.
You need to go through probate
Have patience and it will eventually prevail.
You’ll need to get letters of administration, so you can be executor and have that paperwork so you can sign for everything. Absolutely the first step. Can’t do anything without it. Unless you want to forfeit everything, find a probate centre and get some help applying for it.
I had the exact same scenario when my dad died – car was his only asset, no will, he had a grand total of $11k in super. I called his super company and sorted it out directly but it took nearly a year to get that measly amount sorted. He was still legally married to my mum even though they had seperated 20 years prior, my siblings and I all had to sign paperwork saying we wouldn’t make a claim to it (we didn’t care where the money went, as long as the super company didn’t get to keep it!). It’s doable, you’ll just need to be persistent and patient and work with whoever the super company assigns to your case. Good luck!
Without a will, your father’s assets can have various claims on them.
You’ll need to apply to the supreme court to get a letter of administration. So you will need a lawyer.
Also, super may include insurance, which could be worth serious money. He may have nominated a beneficiary in his super, so first, you’ll need to establish that.
Normally, the asstes would be split equally between dependents. If he had a partner they can also claim. In fact any random best buddy can have a crack.
Rest assured, you’ll find various scum keen to go after his assests.
Unfortunately, without a will, your family is vulnerable to any claim. Make sure you have searched everywhere for a will he may have done one 20 odd years ago, and it’s sitting in a draw somewhere.
I’m sorry about losing your dad. You’ll need to get a lawyer and start the process of being given the authority to act as his executer.
Not sure if this applies to you or not but if your father was still working and in an industry that has portable Long Service Leave (is. Construction), make sure you cash that out as well. Sorry for your loss
You need a lawyer. Also look up intestate laws in your state.
Note that super has its own laws.
Definitely lawyer up and cover your arse, this could get nasty.
Good luck and sorry for your loss.
Daaayymm daddy was busy mang