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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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My sister in Queensland Australia has had her house stolen

Customer Question

My sister in Queensland Australia has had her house stolen from her by her son and his wife. Who while living with her did not pay her any rent. They have since taken out a $80,000 loan on the house to buy two other properties in the same area.
She signed it over to her son. while she was not feeling well and going in and out of hospital. She stated that she would live there until death, and he agreed to this verbally.
Now that she is better she wants her house back and he refuses to sign it back to her. She has been to a solicitor but she was unable to do anything. She has now found another solicitor who says that it is going to cost $3,000 to look through the paper work, which she can not afford. Could you tell me if Legal Aid would deal with this situation if so how does she go about doing this.
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi,

Legal Aid have specific criteria that must be met before they can assist someone, and they only assist with specific areas of law.

Legal Aid state...

We cannot advise you on:

  • commercial transactions or dealings with real estate
  • personal injury
  • will making/preparing powers of attorney
  • taxation and superannuation
  • planning and environmental law
  • local government matters or
  • matters where you're representing a company, business, club or association.

Please refer to this webpage for more information:

http://www.legalaid.qld.gov.au/legalinformation/gettinglegalassistance/Pages/Where-to-get-help.aspx

I can look through the paperwork, and provide some feedback. I will send you a quote for legal services.

Can you please tell me whether she is still living in the house? as the son verbally agreed that she could live there until she passes away...

Kind regards,

James

Customer: replied 1 year ago.
Hi, Carole foenander here, You have taken $115 from my account but you have not answered my question about my sisters situation, Yes her son verbally agreed that she could stay in her house until she passed away, but has basically thrown her out on the street.
Customer: replied 1 year ago.
Could you send me your telephone number so that I can discuss this matter further. I do not want to pay anymore than I already have as I am a pensioner.
Expert:  James D. Ford replied 1 year ago.

Hi Carole, as you have not yet accepted the answer to the question - I have not been paid for my response.

If you can do this.. this means I can get paid from the money you have been charged.

At this point, if you wanted to contact JA to request a refund, as I understand it... this would happen - no questions asked.

I understand you are a pensioner and cannot afford to pay for legal services. I was looking at assisting you by delving deeper into your matter, providing my contact details, and looking at the paperwork.. for far less than the $3,000 the other Solicitor quoted you, and still can if you proceed with the offer of additional services.

As you have stated you simply cannot afford it - I suggest you contact a pro bono legal community centre and request their free legal assistance.

You will need to copy and paste this link into your web browser and look for local assistance in WA.

http://www.nationalprobono.org.au/page.asp?from=7&id=129

Kind regards,

James