Legal Advice For The Executor of a Deceased Estate
Our deceased estates lawyers provide personal legal advice to help you if you are the executor of an estate. They can also advise you if you have been left out of a will. Particularly, when a parent, grandparent or spouse has passed away. Have you been included in their will? If not, we can advise if you should have been.
In some circumstances, you may have a claim if you were a member of the household of the deceased and you were financially dependent on them.
Deceased estates law is all about assisting people who are going through a very distressing time of their life. You may have lost a family member, close relative or friend. Further, as well as dealing with grief, you may be facing legal issues relating to their will. Particularly where you have been appointed executor of the will, you may be unsure as to your obligations and responsibilities. In addition, you may be feeling overwhelmed with the paperwork and sometimes, family disputes.
Our deceased estate lawyers have extensive experience in this area of law. Our lawyers can give you tailored legal help. We always act with empathy and treat clients with dignity to ensure complete peace of mind for everyone involved.
As your deceased estate lawyer, De Saxe O’Neill can also offer legal help ranging from wills to appointment of decision-makers in the event of incapacity, Power of Attorney and Enduring Guardianship.
Our legal services for the elderly also extend to advice relating to disputes and elder abuse. Contact De Saxe O’Neill Lawyers, your Northern Beaches deceased estate lawyers, to see how we can help you smoothly navigate this difficult time.
We can provide legal services in the following elder care areas.
Living arrangements
As older people begin to face issues like illness and declining mobility, the decision to seek alternative living arrangements such as long-term care might be on the horizon.
An elder care lawyer can provide sympathetic legal advice and support as you negotiate this transition.
Wills
We all know wills are an essential document for everyone, especially the elderly.
Even if you have a will, it is always worth making sure it is up to date with all family members and has taken into account any changes in circumstances that may have occurred.
General and Enduring Powers of Attorney
Alongside a Will, a Power of Attorney is the other essential arrangement to have in place. When you die, a Power of Attorney allows someone else, such as a family member, to make decisions relating to property and finances on your behalf.
As elder law lawyers, De Saxe O’Neill can make these important arrangements for you, giving you peace of mind in case your situation changes.
Enduring Guardianship
An enduring guardian is a trusted person you appoint to make health, lifestyle and medical decisions for you once you no longer can. You can appoint your nominated person to this important position yourself. De Saxe O’Neill can help with this elder law service to ensure the process runs smoothly and your wishes are respected.
Advanced Care Directives
Alongside your enduring guardianship, you may also want to leave directions about your healthcare and treatment. This is called an Advanced Care Directive. Also known as a living will, it is essential to seek the help of an elder law expert like those at De Saxe O’Neill in order to make sure your requests are made clear.
Guardianship applications
A guardianship application is an elder law service which can be complex and difficult.
Guardianship can be granted when the elderly person in question is no longer able to make informed decisions due to conditions like Alzheimer’s, dementia or other serious illness. In some cases, it might be the only option open to a family to ensure the best decisions are made on behalf of their loved ones.
We are able to handle guardianship applications with the right amount of sensitivity and care.
Elder Abuse
Sadly, elder abuse is becoming more and more common. Luckily, when you engage someone who understands legal services for the elderly, there is much that can be done.
Elder abuse can take many forms, including financial abuse.
If you or someone you care about is experiencing elder abuse, then contact De Saxe O’Neill right away to find out what legal avenues might be open to you and how we can assist older people in getting out of these situations.
Elder Law Mediation
Sometimes, situations involving family members and elder law can get tricky when dealing with emotional issues like living arrangements, inheritance, family members and decision-making.
De Saxe O’Neill can provide elder mediation and dispute resolution services, to help diffuse and resolve complex issues.
Frequently Asked Questions about Deceased Estates
What is a Deceased Estate?
A deceased estate includes all the assets and debts left behind by someone who has passed away. It is managed according to the person’s will, or if there is no will, by legal guidelines.
How long can a deceased estate live?
In Australia, the administration of a deceased estate can take time depending on the estate’s complexity and disputes. There is no fixed timeframe. The estate remains active until all debts are settled and assets distributed.
How to make a claim against a will?
To make a claim against a will, you must file a Family Provision Claim in court. In most Australian states, claims must be made within 12 months of the deceased’s passing, but exceptions may apply in special circumstances.
What is an executor of a deceased estate?
An executor is a person appointed in a will to manage the deceased estate. Their role includes paying debts, handling taxes, and distributing assets as outlined in the will.
