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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22163
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Mum has gone into residential care they are over the threshold

Customer Question

Mum has gone into residential care they are over the threshold for subsidy and my step father won't contribute to her care saying she can use her own money (from my Dad & Grandfathers estate)they have been married 33 years .I'm epa he won't speak to me What can I do legally
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
If he refuses to help you could tell him that that means he is treating this as a separation and you will need to make a Property Relationship Act application to the Family Court to access her half share of their assets. Any inheritance is usually separate property unless it is mixed with relationship property, so the estate money may be protected if it was kept separate.
Customer: replied 5 months ago.
Is there any other option as Mum would never apply for a separation and I couldn't do this as IPA
Expert:  Chris The Lawyer replied 5 months ago.
You could tell him as her Attorney, that you have the right to recover money in terms of his promise to support her

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