Hi, my step sister has full control of my deceased step mothers estate. I have searched the QLD public trustee site and she doesn't appear to have applied for probate. She is the enduring power of attorney for my Dad and her deceased Mother and has control over both their bank accounts. All my fathers assets were put in the wife's name, so I am worried that my father won't see any of this. She has not given my father a copy of the Will or told him if he is a beneficiary. I believe she is going to keep the money in her mothers account and not distribute the estate according to the will. Is there anything I can do?
Yes, several things.
First, check the Supreme Court listing to see if probate has been applied for - Party search. You’ll want to search by your step-mother’s name in the Supreme Court. Note that probate is not always required.
If all the assets are in your step-mother’s name and she has deceased, then the power of attorney will no longer be usable. If you want to throw the cat amongst the pigeons, so to speak, get an official death certificate and provide it to the bank. If she hasn’t advised them and is simply continuing to operate the account this should cause the bank to put a stop on the account. Be very careful doing this, because if your father is reliant on that money to survive you could be hurting him in the process.
If you believe there is any likelihood of ‘elder abuse’ then you can consider reporting the matter to the Office of the Adult Guardian, or making an urgent application to QCAT. Elder abuse can be a wide range of things, including mismanaging and/or withholding finances. While most courts and tribunals are effectively closed for hearings, this will likely constitute an urgent matter. I’d suggest contacting QCAT directly (but they will only discuss limited procedural steps, not give you any form of advice).
While your father is entitled to obtain a copy of the will and, assuming he is a beneficiary, entitled to have the estate duly administered, it is reliant on him exercising his rights should he have capacity to do so. If he does the, not only does this strengthen a case for elder abuse it also could place your step-sister in a precarious position for acting against your father’s best interests by failing to administer the estate.
It must also be considered that there may be another side to things which you’re not aware of. I’d get the full story before doing anything overt. At the very least talk to your father to get his perspective. Going the wrong direction here is the type of thing that can fracture families.
First, check the Supreme Court listing to see if probate has been applied for - Party search. You’ll want to search by your step-mother’s name in the Supreme Court. Note that probate is not always required.
If all the assets are in your step-mother’s name and she has deceased, then the power of attorney will no longer be usable. If you want to throw the cat amongst the pigeons, so to speak, get an official death certificate and provide it to the bank. If she hasn’t advised them and is simply continuing to operate the account this should cause the bank to put a stop on the account. Be very careful doing this, because if your father is reliant on that money to survive you could be hurting him in the process.
If you believe there is any likelihood of ‘elder abuse’ then you can consider reporting the matter to the Office of the Adult Guardian, or making an urgent application to QCAT. Elder abuse can be a wide range of things, including mismanaging and/or withholding finances. While most courts and tribunals are effectively closed for hearings, this will likely constitute an urgent matter. I’d suggest contacting QCAT directly (but they will only discuss limited procedural steps, not give you any form of advice).
While your father is entitled to obtain a copy of the will and, assuming he is a beneficiary, entitled to have the estate duly administered, it is reliant on him exercising his rights should he have capacity to do so. If he does the, not only does this strengthen a case for elder abuse it also could place your step-sister in a precarious position for acting against your father’s best interests by failing to administer the estate.
It must also be considered that there may be another side to things which you’re not aware of. I’d get the full story before doing anything overt. At the very least talk to your father to get his perspective. Going the wrong direction here is the type of thing that can fracture families.
Hi Rob, thank you for your response. I have looked for her Probate filing and it's not there. I have also taken my Dad's case to the Elder Abuse solicitor but you are right, my Dad has to instigate going forward with these measures. He is scared if his step daughter and is beholden to her for anything he needs i.e. a mobile scooter etc. so at 89, not wanting to be yelled at, never raises anything to keep the peace. I think I will take your advice and get a copy if the death certificate and send it to the relevant bank. Your advice is spot on, thank you again, Gail.
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