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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43969
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If a son has been given transfer of life estate, which is a

Customer Question

If a son has been given transfer of life estate, which is a home, and in the contract it says if the transferor has to move to alternative accommodation, then the transferee has to pay the transferor the sum of $114,274 and has not done so do you know what can be done. John snr moved into a nursing home over 12 months ago and has been paying all costs out of his pension and John jnr was given access to his fathers account to pay all costs for the home including rates, water, sewerage and upkeep from. John jnr has transferred all monies from this account to his own account for his personal use and then using overbearing measures, also claimed the card given to his daughter for clothing etc, that was needed for John snr. Both accounts have been stripped of all funds leaving one in a debit amount. John snr asked his granddaughter to change the pin on this card and to open a new account for the excess of his pension to go into because his son was just using it all. The granddaughter is trying to do everything possible to help her grandfather, and on Friday a solicitor is going out to see him to give his granddaughter enduring power of attorney, so she can look after his wishes. He is not a healthy man (diabetes etc), and he is now stressing because there is not even money for his funeral. He had approx. $25,000 in these accounts. John snr is wondering if it is possible he can get legal aid to assist in writing a letter to John jnr asking him for the $114,274 and if he is unable to pay this, then he is to sign the house back over to his father. From looking at documents, it seems most of this money he used in the accounts has gone to a lady in SE Asia, because he thinks she is going to move here to be with him. John snr is asking the public trustee if they can help with changing his will, I think this appointment is tomorrow. Most assistants have to go see him as he has severe gout, has a drain in his leg because of gangrene and doesn't move about much. Could you please assist with advice in who we can appeal to for help in this matter as things are very urgent.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Does he have a power of attorney?
Customer: replied 1 year ago.
he is signing enduring power of attorney on Friday to give his Granddaughter power to help him
Expert:  Leon replied 1 year ago.
Good AfternoonNo the son that transferred the money into his personal account? Did he have a poet of attorney from John Snr?
Customer: replied 1 year ago.
Just looking.
Customer: replied 1 year ago.
I have a copy of his will and transfer papers and nowhere does it say he has power of attorney
Expert:  Leon replied 1 year ago.
If he did not have a power of attorney and was not a signatory to the account he has committed a criminal offence to take the money. How did he access the account? Has this been reported to the police?
Customer: replied 1 year ago.
he had power of attorney while his dad was ill in hospital and not well, and he has access to the everyday account which john snrs account via a bankcard to pay for expenses to do with the home. Not reported to the police yet, they are doing that next week
Expert:  Leon replied 1 year ago.
Do you have a copy of that Power of Attorney? Was it set aside?Do you know where the money is? Is it still there or has he spent it all?
Customer: replied 1 year ago.
john snr wants his granddaughter to have enduring power of attorney before he does anything as John jnr using bullying tactics to stand over his daughter. I don't have a copy of the power of attorney, but it was stated that it was only if John snr was not of sound mind. He spent the money apparently, it went to a lady in SE Asia or most of it.
Expert:  Leon replied 1 year ago.
Good AfternoonHe can make her his POA but he has to revoke the one he gave his son. If there were conditions and he breached them then he can be sued for that. Does John Jnr have any assets apart form the house that was transferred to him?
Customer: replied 1 year ago.
yes he has a fruit shop and his own home.
Just trying to sort something that is not going to cost Jess lots of money as she is only on a pension, and her grandfather has no money left now.
Customer: replied 1 year ago.
I am assuming the solicitor he is seeing on Friday will revoke the power of attorney if it is still in place, before they sign the enduring power of attorney.
Expert:  Leon replied 1 year ago.
Good AfternoonIss her grandfather of sound mind?
Customer: replied 1 year ago.
yes and he has a doctors certificate to say so
Customer: replied 1 year ago.
are you still there or have you gone?
Expert:  Leon replied 1 year ago.
Good AfternoonMy apology I was disconnected. The Solicitor needs to have instructions to revoke the POAOnce that is done and prepared then it can be served on the son.
Customer: replied 1 year ago.
she is doing that Friday
Expert:  Leon replied 1 year ago.
That is good but John Snr needs to sue the son to get his money back.
Customer: replied 1 year ago.
how does he do that when he has no funds
Customer: replied 1 year ago.
is there any of getting the house back
Expert:  Leon replied 1 year ago.
Getting back the house is going to be an issue because I assume it was freely handed over. Because of the breach of the POA he cannot do that.But if he sues he can argue that the house be returned to him as compensation for the money that his son has taken. The Solicitor should be able to advise him more but he would need a court order to get the house back as compensation for the losses suffered in the theft.
Customer: replied 1 year ago.
the grandfather wants to get a solicitor to send the son a letter stating he needs to pay the amount he has breached or sign the house back over. They are hoping it will scare him enough to get him to sign the forms.
Customer: replied 1 year ago.
what category would this all fall into to approach legal aid to see if they can help.
Expert:  Leon replied 1 year ago.
Good AfternoonYes that is the starting point. If that fails then hr can sue for the money and try getting the house back. Legal aid wont find this. There is a house and they will argue it can be sold and the money paid to him. You will not get legal aid for this.
Customer: replied 1 year ago.
would a no win no fee solicitor help with this or would that be too expensive in the long run. The father owns a home and a property rented out as a fruit shop and debt collectors are threatening to take these to the value of the money he owes now. These people cannot touch the grandfathers property because it is not final until the son produces a death certificate, am I right in this?
Expert:  Leon replied 1 year ago.
Good AfternoonNot usually but you can request it. Who are the debt collectors after?
Customer: replied 1 year ago.
John jnr.
Customer: replied 1 year ago.
He owes lots of money, and ignores requests for payment. He has until 30th May this time to pay money owed or they are seeking compensation, naming his home in Rockhampton, his fruit shop and the transfer of life estate.
Expert:  Leon replied 1 year ago.
Good AfternoonIf it is in the grandfathers name they cannot tough it. Anything in John Jnrs name they can take.
Customer: replied 1 year ago.
it is in his name, but it states he doesn't get the title, it is held in trust until the grandfather dies.
Expert:  Leon replied 1 year ago.
I am not sure about that, you have to check and see if there is a trust deed. But the solicitor should investigate that.
Customer: replied 1 year ago.
but solicitors are expensive. it is costing Jess $600 to get the enduring power of attorney done Friday..
Customer: replied 1 year ago.
ok I have to go now. Have a good evening.
Expert:  Leon replied 1 year ago.
That is because they are going to him in the hospital. If he used a solicitor to transfer the property then they should be able to she some light on this ownership.Good luck with it. You are very welcome and thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon