My father died recently. I am the EPOA Holder as he had cancer & dementia. He has a do-it-yourself will. He owns no

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Customer: My father died recently. I am the EPOA Holder as he had cancer & dementia. He has a do-it-yourself will. He owns no land, buildings, or commercial property. There is no life insurance policy, all shares in his name have been sold & funds received. The total funds in his bank accounts as of today are $21,525.52. There are 2x 40-foot shipping containers to be emptied of mainly junk to be emptied & sold each container is worth $2k->3K the content of these containers is worth no more than $5k. There is also a 20-foot shipping container that is being sold to the scrap man as it is rusted to bits it contains scrap metal mainly ferrous metals. The scrap man has said the 20ft container is worth $250.00 & the scrapmetal held within it at worth $0.16 per kg. so worth about an additional $200.00. There is a small refund from the funeral directors of $186.00 from the funeral trust account that I had put money into. Plus some bills need to be paid. to i have to apply for probate on this amount in an estate?
JA: Estate laws vary by state. What state are you in?
Customer: i'm in new zealand & my search brought you up for New Zealand. But are you based in anoher country?
JA: What documents or supporting evidence do you have?
Customer: I have a copy of his will. screenshot of his bank holdings taken within a few minutes of his death. Over the last 6 years i have managed to find & close his bank accounts etc
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My parents divorced in April/May 2017. unfortunately it took a while to have the EPOA activated which was joint with my brother, although he chose to side with my mum and wanted nothing to do with our father. So he signed all of his EPOA rights over to me. He also named me as the sole Executor & Trustee in his will & apart from a few items he has noted to give people he's has left everything once all bills are paid & items sold, the residue is to be given to me. I want to be fair about it & I want to divide dads money in half with my brother.
Answered by Chris The Lawyer in 41 mins 9 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

You can divide everything like that even if the will left it all to you. For a larger estate a deed of family arrangement would be needed but you could do this more informally to save costs. If you and your brother are content with the equal division of the bank account you can proceed to divide the money

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Chris The Lawyer, Expert

The problem will be if there is more than $15,000 in the bank, and in that case the bank may insist on filing for probate in the High Court. It is worth trying to persuade them to relax the rule however

Customer
Hello Chris, Thank you for your quick response. My brother is adamant that he doesn't want anything from Dads estate, but Dad has left him a lathe &CNC Machine, (while not modern it still works) in the Will. Ok so you think it's worth approaching the Bank (KiwiBank) with the death certificate & asking for probate to be waived? That way it they insist on probate I have no choice but to apply. One other question does my EPOA still enable me access to his bank account to pay bills? Everybody still wants to be paid promptly & they Rest Home where dad died are yet to invoice me for 1 1/2 months of care. I don't want to have to extend my mortgage to cover this & other expenses?
Customer
Hello Chris, It'd be nice to talk but have no hearing in my right ear & only 25% in my good left ear & I make some shocking muck ups when I have to rely on my hearing. I am sorry
Customer
Hi Chris, would it be acceptable for my wife or daughter to sit in on the phone conversion, they'd be my ears? Would this work for you?
Customer
Hi Chris, I have my wife here as my 'stunt' ears. I clicket on the call me button, but i cant chant the country calling from +1 to New Zealand +64.
Customer
my cell phone number is *****(###) ###-####
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Chris The Lawyer, Expert

Dont worry about the phone call, the system asks this, not me, I am happy with the text

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Chris The Lawyer, Expert

You should ask the bank if they will waive probate-its worth trying but they may insist unfortunately. I wouldnt worry about extending your own lending to pay the bills as people usually wait for this.

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Chris The Lawyer, Expert

If the EPOA is still giving you access you could use that to pay the bills, but usually the bank closes down access when they hear the account holder has died

Customer
ok that's great i will give the bank a visit. if I do have to apply for probate, there are forms that I have to fill in. the ministry of justice lists several documents that start with code letter P. can these files be downloaded from anywhere 7 if so could you point me in the right direction. thanks
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Chris The Lawyer, Expert

Applying for probate is a bit technical and you may not want to hear this, but you may need to ask a lawyer to apply for you. The documents you need are the application for probate, affidavit in support and the original will and a probate order for sealing

Customer
Hi Chris, yes i think that you may be the case. Thank you for your help. I have options defined now. Thank you for your help. regards ***** *****
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Chris The Lawyer, Expert

Glad to help

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