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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience:  I did my law degree at the University of Queensland
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Can my late husbands family refuse to settle their Mother and

Resolved Question:

Can my late husbands family refuse to settle their Mother and Aunts will because they want the housing market to improve. My husband died before his Aunt died 5 years ago and I would like my share now.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
In the Will, who was named as executor?

Do you have a copy of the Will?

Assuming you were a beneficiary, what was your inheritance under the Will?

Customer: replied 1 year ago.

Sorry couldnt find your answer earlier. 1. In original will my husband was executor. After he died his family asked me to place it in their hands. I have a letter from their solicitor confirming that and also i am mentioned as a benaficiary.


2 I do not have a copy of the will but may be able to get one.


3As there are two sides of the family involved, it is the home my mother-in-law shared with her sister, who is also deceased some 4 years. The proceeds of the sale to be shared between both families , then divided equally between, in my case, 6.


In the meantime they have rented the home out and say they are using the income to pay for repairs. I am on a pension and would like to access what is due to me.


 


 

Expert:  Brisbane-Lawyer replied 1 year ago.
You are certainly going to need to see a copy of the Will to know where you stand. Were you married at the time he died?

Also, I need to tend to something, but will continue with you in about 90 minutes.
Customer: replied 1 year ago.

Yes we were married. As executor of my husbands will the family members had to get my written consent to their application.. I am mentioned as benificiary


I know it is probably not an issue but the family promised my husband before he died that they would make sure I recieved his share. Which I believe is the situation in any case.

Expert:  Brisbane-Lawyer replied 1 year ago.
Okay, in his Will, did they inherit the property as co-owners?
Customer: replied 1 year ago.

I dont think so. George, my husband was named as executor and it was to share proceeds. We all agreed to leave it until his aunt passed away, and in the meantime he died.

Expert:  Brisbane-Lawyer replied 1 year ago.
Okay, well if you have been left the house in the Will, then you are lawfully entitled to have it put into your name. Once that happens, you can force out whoever is living there.

Obviously you would need a lawyer to assist with this, but depending on where in Western Australia you reside I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.

Sorry I think you may have misunderstood. The house was left to all siblings and cousins to share. Dont think anyone has ownership.

Expert:  Brisbane-Lawyer replied 1 year ago.
In that case, you can't force it to be sold. All you can do is go and live there. You have a lawful entitlement to live in the house, they can't stop you if you are listed as an owner of the property.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

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