Tuesday, September 15, 2020

A few good Benjis, article 39A session

you got 2 love that scene..... makes me think maybe i'd be good at court marshalling antifa.... maybe one day, who knows....
https://www.youtube.com/watch?v=1hmA-hC5Bsw


.

Dear Ms. Alvarez,

 

I’m in receipt of your last two emails and have duly noted both of them. After liasing with Benjamin in the last few hours I have come to realize that you both had a sister, Raquel, who was born on August 17th 1969 and who tragically took her own life a little before her thirtieth birthday. In light of that, I would like to extend my condolences, too many times now, it seems. I can only think, based on my understanding of your family, that it must have been a bitter pill for everyone to swallow. Fortunately or unfortunately, I am not a psychology or counselling service. I will tell you this, however: a friend of mine in Arizona once told me about his parents being gunned down dead in front of him when he was a very young child and, one:  I have absolutely no reason to doubt the veracity of his story, why would he just make that up, right? He clearly seemed very upset about it. Two: at the end of the day, he’s the only guy that understands how that makes him feel. The people around him that just know him casually will obviously understand it’s upsetting for him but they’ll never understand what it feels like for him to carry that around. In a similar way, I can’t really say for sure how you might feel exactly about so many deaths in your family, but I can’t think it’d be very pleasant for you. Similarly, it seems to me since you don’t seem to get along very well with your brother, that possibly you do not understand how he’s dealing with those losses. And I’d hazard to bet that Benjamin does not really understand exactly how you feel about the situation. It’s really beyond the scope of what I can deal with to discuss the matter more, at present.

 

Moving on to the more practical matter of the actual administration of the Estate of your mother, I took the trouble to contact the British Embassy in Madrid recently about getting your documents notarized as either a British or Australian Diplomatic Mission would do (according to the Oaths Act, 1900), but unfortunately, they do not provide this service in Madrid.  Since it seems like the Australian Embassy may be a little slow for you (and I’m not sure what they’d charge you, either), you might want to go for a Notary Public offered by the Spaniards there in Madrid:

Ministry of Justice - Legalisations (C/ de la Bolsa, 8 - 28071 Madrid Tel. +34 902 007 214), Legalisations Section of the Ministry of Foreign Affairs and Cooperation (C/ Pechuán, 1 – 28002 Madrid. Tel: +34 91 379 16 55)

Legalisation is free of charge when carried out by the Legalisations Section of the Ministry of Foreign Affairs and Cooperation (C/ Pechuán, 1 – 28002 Madrid. Tel: +34 91 379 16 55).

 

Some notary services charge money and some don’t. Try calling the free one first, e.g., the one at C/ Pechuan and ask them if they offer a free service or where you can get a free service and figure out the times first so you don’t waste your time turning up late. There’s an APP for Android and iPhones called NOTARIZE, it provides the convenience of getting your documents notarized by videolink without leaving home, over videolink, the drawback with this service is that it costs $25(U.S.) per document notarized (expensive). If you’re getting a lot of documents notarized, it’s always best to go with a free service, ESPECIALLY, as if you get a free service you can send one copy to the Estate of Maria Alvarez (98 Jersey Rd Dharruk 2770 NSW) and one copy to the NSW Supreme Court (GPO Box 3 Sydney 2001 NSW) directly and even a third copy to your friends in BALLMAIN. That would be ideal as if one document became lost in the mail at least there’d be sure to be a back-up, and if you’re getting it notarized all at once for free, you’re only paying for the extra photocopies and postage. Not much of an expense.  Farther to this point, I want to explain that adding you as a Co-Administrator to the Estate, while a small clerical matter for the NSW Supreme Court, will actually require a lot more documents signed and notarized by you, apart from FORM 125, if you go in that direction (please note the four FORMS I’ve already sent you and check all the places Benjamin was required to sign. You’d be required to sign all of those FORMS too, and in some cases, have them notarized, so please take the time to read through all of those FORMS – and they’d have to be posted over as the NSW Supreme Court only likes original documents). As I mentioned to your friends, John and Catherine, being listed as a Co-Administrator would mostly apply to the sale of the actual house and land of Maria’s Estate, it means you’d be signing the contract with the Real Estate agent to sell the house (possibly leading to more delays). It’s an important principal in the Law, in general, that you know what your Rights are.  

Having mentioned all of that, you should know that in Probate Law, most arguments when dealing with inheritances and Family Estates and Trusts comes from a sense of disagreement and greed as to who should be entitled to what. This is more so in families with second and third wives (and husbands) (multiple divorces), half brothers and half sisters and step-brothers and step-sisters. In these kinds of big families, when there’s a big pie on offer, everyone starts wanting a bigger piece of the pie. But in your family Estate, it seems your mother was widowed and did not have a de-facto partner so there doesn’t seem to be any dispute that you and your brother are equal co-beneficiaries of the Estate to the exclusion of everyone else.

Finally, your brother seems like an honorable person to me, I cannot imagine that he would not act with honor and propriety, as a matter of principle, when dealing with your mother’s Estate. From what I’ve understood from him regarding your late brother’s Estate, he seems to have acted honestly in the matter, to my understanding.

As previously stated, it’s incumbent on you to understand the Law for yourself and bring yourself up to speed on what a Co-Administrator is (and isn’t) in this particular situation.

 

Regards,

Sam LEE

Legal Advisor.

No comments:

Post a Comment