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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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My friend and her two children have been living with her father

Customer Question

My friend and her two children have been living with her father in his home for 2 years now ... she received a carer's pension for the care of him. He passed away a week ago and funeral etc is all to come from his estate. He has sufficient money in his bank account and the property is owned without mortgage by him. Her brother and sister who had not visited their father for a number of years, want the house sold ASAP .. she wishes to remain in the house with her children and pay rent, at least until the end of the year when her son will then attend high school. Can you tell us what the law will say ?
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: the brother and sister have booked in with a lawyer on tuesday .. the day before the funeral on Wednesday ... she is just trying to get through the funeral first before having to deal with all this ...
JA: Is there anything else important you think the Lawyer should know?
Customer: the brother is the executor of the will which leaves the property to all 3 ...
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Australia Law
Expert:  kmslaw replied 7 months ago.
Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Which state is the home located in?If the Will indeed states that all three children are to benefit, and the home is in NSW, then in order to sell the home they will need her signature or they will have to approach a trustee to sell the property on behalf of all of them (in the absence of her giving her signature) and will need orders from the supreme court to do so. She would be entitled to make a family provision claim against the others if she has been depending on her father's estate and income for a time in her life, she may be entitled to a greater share of the estate as a result of her financial neediness. However whether the supreme court will allow the trustee to sell the house on behalf of all of them depends on what evidence is put forward. Does that help you today?