Reporting Elder Abuse Steps

Summary

To report financial elder abuse in NSW, contact local police and provide detailed information. Legal Aid NSW can offer guidance, even posthumously. If the victim was a Canberra resident, NSW authorities can still be involved. Legal Aid NSW services may be free or low-cost, but estate assets like a house might cover legal costs. Police services are generally free, but court proceedings may incur costs. The perpetrator could potentially sue, but success depends on various factors. Probate is required to manage a deceaseds estate, and without it, assets remain inaccessible. In NSW, the limitation period for fraud is typically 6 years from discovery. Selling a house requires probate. Australia has no gift or inheritance tax, but capital gains tax may apply when selling inherited property. Executors can open wills privately, and if unknown, beneficiaries can seek court assistance.

Full Conversation

we found out after my father died can we still use Legal Aid NSW?
You can still contact Legal Aid NSW for assistance even after your father has passed away. Legal Aid NSW provides support for various legal issues, including financial elder abuse. They can guide you on the steps to take and the legal options available to you.
Would you like more information on how to contact Legal Aid NSW?
will they take on a case after he died he was 93yrs
Yes, it is possible to take on a case after your father has passed away, especially in matters of financial elder abuse. Legal Aid NSW can provide guidance on how to proceed with such cases.
Would you like more information on how to contact Legal Aid NSW?
he is a resident of canberra can i do this in nsw
You can report financial elder abuse to NSW Police even if the individual was a resident of Canberra. However, since the abuse occurred in NSW, it would be appropriate to involve NSW authorities. Legal Aid NSW can still provide guidance on cross-jurisdictional matters.
Would you like contact details for Legal Aid NSW?
do i use both police and Legal Aid NSW?
Yes, you can use both the police and Legal Aid NSW. The police can help investigate and take immediate action on the abuse, while Legal Aid NSW can provide legal advice and support throughout the process.
Would you like more information on how to contact Legal Aid NSW?
will it cost my dead fathers estate anything
Legal Aid NSW services may be free or low-cost for eligible individuals. However, if the case involves significant legal proceedings, there could be associated costs. It's best to consult directly with Legal Aid NSW to understand any potential costs.
Would you like contact details for Legal Aid NSW?
what if he has no money but a house
If your father has no money but owns a house, it's possible that the estate could be used to cover legal costs if necessary. Legal Aid NSW can provide guidance on the specifics. Often, they offer free or low-cost services to eligible individuals.
Would you like more information on how to contact Legal Aid NSW?
any costs from police
Police services, including reporting financial elder abuse, are generally free. However, there might be costs if the matter goes to court or requires legal representation. Would you like more information on how to proceed with the police or contact details for Legal Aid NSW?
can the perpetrator sue me
The perpetrator may potentially sue you, but the possibility and success of such a lawsuit depend on various factors including the nature of the allegations, the evidence presented, and the legal grounds for the lawsuit. Consulting with Legal Aid ACT or a private lawyer for personalized advice is recommended.
Would you like more information on how to contact Legal Aid ACT?
even if i do it on his behalf
Case Rating: *
Yes, it is possible that the perpetrator could sue you, even if you are acting on behalf of your deceased father. Consulting with Legal Aid ACT for personalized legal advice would be beneficial.
Would you like more information on how to contact Legal Aid ACT?
sue me how
The perpetrator could potentially sue you for defamation, malicious prosecution, or other related claims, depending on the circumstances and evidence.
Would you like more information on how to contact Legal Aid ACT for advice?
what if she is found guilty can she still sue
If the perpetrator is found guilty, they may still have the right to sue you, but the chances of their lawsuit succeeding would be significantly diminished. It's important to get legal advice to understand the specifics of your case. Would you like more information on contacting Legal Aid ACT?
do i require probate in Canberra
In Canberra, probate is generally required to administer the estate of a deceased person if they owned assets solely in their name, such as a house. A grant of probate proves the executor's authority to manage the estate.
Would you like more information on how to apply for probate in the Australian Capital Territory?
is it compulsary
Probate is generally required to administer a deceased person's estate if they owned assets solely in their name, such as a house. It gives the executor the legal authority to manage the estate.
Would you like more information on how to apply for probate in the Australian Capital Territory?
what happens if i dont get probate
If you don't get probate:
- You won’t have legal authority to manage or distribute the estate.
- Financial institutions and other entities won’t release assets.
- The estate may remain frozen, causing delays and potential disputes.
Would you like more information on how to apply for probate in the Australian Capital Territory?
nsw statutory of limitation on financial elderly abuse and fraud
In New South Wales, the statutory limitation period for fraud is generally 6 years from the date of discovery of the fraud. However, this can vary depending on the specifics of the case.
Would you like more information on initiating legal action in NSW?
how long after the person dies can we sell the house
After a person dies, you generally need to obtain probate before selling their house. Probate is the legal process that confirms the executor's authority to manage the estate. Without probate, you won't have the legal authority to sell the property.
Would you like more information on how to apply for probate in the Australian Capital Territory?
is the gift or inheritance tax
There is no gift or inheritance tax in Australia, including the Australian Capital Territory and New South Wales. However, there may be capital gains tax implications if the inherited property is sold.
Would you like more information on capital gains tax in this context?
yes
Capital gains tax (CGT) applies when you sell an inherited property. The tax is calculated based on the property's increase in value from the date of inheritance to the date of sale.
Would you like more information on how capital gains tax is calculated and any possible exemptions?
yes
In Australia, when you inherit a property and later sell it, you may be subject to capital gains tax (CGT). Here are the key points:
- CGT is calculated based on the property's increase in value from the date of inheritance to the date of sale.
- If the property was the deceased's main residence, you may be eligible for a full or partial exemption.
Would you like more information on possible exemptions and how to calculate CGT?
can the executor open the will in private without the beneficiarys present
Yes, the executor can open the will in private without the beneficiaries being present. It is the executor's role to understand the contents of the will and manage the estate accordingly.
Would you like more information on the executor's responsibilities?
what if there are * people but no one knows who the the execuror is
If no one knows who the executor is, you can:
- Check the will for any named executor.
- Contact the Supreme Court of the Australian Capital Territory for assistance.
- Consider legal advice for further steps.
Would you like more information on contacting the Supreme Court of the Australian Capital Territory?
do all three people open the will at the same time
If no one knows who the executor is, and there are three potential executors or beneficiaries, typically only the named executor has the legal authority to open and manage the will.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory for assistance?
reanswer
If no one knows who the executor is, you can:
- Check the will for any named executor.
- Contact the Supreme Court of the Australian Capital Territory for assistance.
- Consider seeking legal advice for further steps.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory?
who can
Who can open the will? Typically, the executor named in the will has this responsibility. If the executor is unknown, you can:
- Check the will for any named executor.
- Contact the Supreme Court of the Australian Capital Territory for assistance.
- Seek legal advice for further steps.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory?
it doesnt answer my question
The opening of a will should be done by the executor named in the will. If the executor is not known or if there are multiple potential executors, you can:
- Have all potential executors or beneficiaries present to open the will together.
- Seek legal advice to determine the next steps.
Would you like more detailed information on this process or contact details for legal assistance?
but no one of * people know who it is
If none of the three people know who the executor is, you can:
- Check the will thoroughly to see if the executor is named.
- Contact the Supreme Court of the Australian Capital Territory for assistance in identifying the executor.
- Seek legal advice to understand your next steps.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory?
who can check the will
To check the will, you can:
- Review the will to see if an executor is named.
- If unclear, any interested party (like a beneficiary) can seek assistance from the Supreme Court of the Australian Capital Territory.
- Legal advice is recommended for guidance on the next steps.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory?
you dont understand the question
It sounds like you're asking about the process of opening a will when the executor is unknown. Here's a concise response:
If none of the three people know who the executor is, any interested party (like a beneficiary) can review the will. If the executor is still not identified, seek assistance from the Supreme Court of the Australian Capital Territory.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory?
do all three beneficiaries have to be present for this
No, all three beneficiaries do not have to be present to open the will. The executor named in the will has the authority to open and manage it, even if the beneficiaries are not present.
Would you like more information on the executor's responsibilities?
but we wont know who the executor is until we open the will
To identify the executor when it's unknown until the will is opened:
- Any interested party (such as a beneficiary) can open the will.
- If the executor remains unidentified, seek assistance from the Supreme Court of the Australian Capital Territory.
- Legal advice might be necessary for further steps.
Would you like more information on contacting the Supreme Court of the Australian Capital Territory?
is it wise for one of the * to review the will
Yes, it is wise for one of the three beneficiaries to review the will to identify the named executor. If there are any disputes or uncertainties, seeking legal advice is recommended.
Would you like more information on how to contact the Supreme Court of the Australian Capital Territory or seek legal advice?
can i request a copy of the will from the executor
Yes, as a beneficiary, you have the right to request a copy of the will from the executor. The executor is obligated to provide you with a copy upon request.
Would you like more information on the executor's responsibilities?
who decides who distributes the airlooms
The distribution of heirlooms is typically determined by the executor of the will, based on the instructions laid out in the will. If the will does not specify who should receive certain items, the executor may need to use their discretion or consult with beneficiaries to make decisions.
Would you like more information on the executor's responsibilities or how to handle disputes over heirlooms?
can file probate in nsw
Yes, you can file for probate in New South Wales (NSW) if the deceased person had assets located in NSW.
Would you like information on the steps to file probate in NSW?
what if deceased person had assets located in canberra
Since the deceased had assets in Canberra, you will need to apply for probate in the Australian Capital Territory.
Would you like more information on how to apply for probate in the Australian Capital Territory?
do i need a lawyer to see the house
No, you do not necessarily need a lawyer to view a house. However, if you are dealing with matters related to the estate, such as selling the house, obtaining probate, or resolving disputes among beneficiaries, consulting a lawyer could be beneficial.
Would you like more information on the probate process in the Australian Capital Territory?
do i need a lawyer to sell the house
No, you don't necessarily need a lawyer to sell the house. However, having a lawyer can help with:
- Ensuring all legal documents are in order
- Managing any disputes among beneficiaries
- Navigating the probate process
Would you like more details on the probate process in the Australian Capital Territory?
average cost of lawyer to sell the house in canberra
The cost of a lawyer to assist with selling a house in Canberra can vary, but typically, you might expect to pay between $*,* to $*,* for conveyancing services. This can depend on the complexity of the sale and the specific services required.
Would you like more information on finding conveyancing services in Canberra?