need help in inheritance proceduce

[chewps]

need advice in this area.
fact: my sister passed away in Feb. She is not married, no child. Not Muslim. Both parent alive. No other sibling. Estate, a flat in Penang joint name with my father, a car, both with outstanding loan.
I went to Amanah Raya Bhd and were informed of some procedures.
I like to know other option, or opinion.
Thanks.

[Joecool]

Depending on whether she left a will. If not, better to engage a lawyer to file a probate with the high court and also to advise you on the proceedings. Takes a long time which is why it is better to have a will no matter how healthy you seem to be. Without a will and siblings, I believe everything will go to the parents.

[maria2003]

I'm very sorry to hear about your sister. A web site that explains local ineritance law is http://www.althea.com.my/trustwills.html . Hope it helps. Maria

[Gohead]

tq Maria, good info you share there.

[chewps]

thank you Maria, and all who posted.
It has been a great help.

[joker2107]

sorry to hear about yr sis, chew.

hopefully u hv not informed the relevant parties in writing about her passing away without a will.

fact is only 3 of u to inherit the estate and the estate is small. in fact only the flat would be an issue.

about the car, dispose of the car and settle the loan. no issue with the bank. transfer is no problem as jpj does not keep track of deaths and also some buyers take forever to transfer ownership. if u really need help with signatures, drop me a private message. but if u wanna keep the car, than include it in the following proposition meant more for the flat and bank balances if any.

this proposition is essentially based on the facts in para 3 above and that it will be very time consuming, inconvenient and could involve quite a sum to get the LA. all for one flat.

as long as there will not be contest for the estate, there's no stopping a long-lost/unknown will from turning up. if u don't know how to get an executable one created, get a trusted lawyer friend to help. he/she's got to be a little bit imaginative with dates. no one's gonna butt in and insist that the signature's not yr sis'.

this is not quite legal, but as long as no one's gonna lose an inheritance or fight over it, u can bet that yr sis wud want this convenience for her survivors.

at the same time, dig up any insurance she might hv. if death was accidental, there could be benefit from insurance provided by cr card issuers, aam, and other membership programs.

there's no argument over epf - no need for will. law says it goes to the named nominees. even if there's a will to the contrary. smae with life insurance - if the policy has a named nominee no will can undo that nomination.

write me a pte msg if i could be more help.

[in]

Speaking of wills. Is it possible to do one on your own - by getting two witnesses to sign and get it signed by commisioner of oaths. Is this valid? Or must one go through expensive will-writers & lawyers?

[lady-o-leisure]

Dear Chew,
Sorry about your loss. I too hv just lost a loved one, my hubby. For all idiotic people like me out there.. make sure your loved ones hv a will once they hv anything of value, and see it in black and white, not take his or her word for it.
I am now facing a RM1/2 mil mortgage on this apartment which is still in his name, which no one ever knew he took a mortgage on. What do i hv now??? Loads of property and shares in his name to be split with me, our 2 kids and his 4 children from previous marriage. Tax dept will hv a field day with our case. No will, and no transfer of property was done.
Okay.. so anyone out there want a turn at yelling at me for being so stupid? Take a number.
And here i am... still missing him... sigh..

[Joecool]

Two years ago, I went for a major surgery. Before that I did not have a will. So I actually did one and realised how much trouble my wife and kids would go through if I passed on without a will. So now we have a joint will where ownership of everything will pass to each other depending on who survives and if both does not, we designated a person who is a trustee to look after everything until my kids are old enough. This trustee is my brother in law. More information at this website :

http://www.lawnet.com.my/lawnet/legalinfo.nsf/7eaae94c3cb8d50d482569990015bc13/634e5d1fdf5fd8f4482569180027a64c?OpenDocument