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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5777
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My mother and father have just moved in with me and are not

Customer Question

My mother and father have just moved in with me and are not paying any rent or bills. I have also just spent 6000 on small adjustments to the house and more on essential epuipment for them. I am also doing at least 6 loads of washing everyday. They spend their pension on credit card debt and bills from the house they own. Its a long story but their house, which is worth around 370000 is sitting idle and they won't sell it. They won't sell it because they have left it to one grandson although they have 4 grandchildren. I am completely left out of the will because they say I have a job and a house. i still owe 430000 on my house. What are my options on getting them to sell the house or paying me rent. Can i make a claim for all this money if they die before selling the house. They are just counting on me looking after them for free but i am financially strained as i have given up my job to look after them
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
You can make a claim on the estate after they pass away regardless of what the will says as:
a. you are entitled by way of being their child
b. You have taken care of them.
Unless your other family members are in dire financial strife and have physical / mental illness (significant) you are entitled.
In respect of their home, you do not at this point do not have a equitable of legal claim over their home.
Other than that, you can ask them for rent, or have them evicted, or in the alternate have the will simply amended to allow you some payment when they pass away.
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Customer: replied 2 years ago.
Ok , does it cost a lot to make a claim and should i keep all receipts etc for the costs . They are a bit off their heads at the moment and are not thinking straight. We have also to do 60000 of renovations to add another room to our house my husband and I are living in the lounge room atm. My mum got put in a nursing home for 2 weeks and both of them were crying everyday, hence they moved in with us.
Customer: replied 2 years ago.
I have spoken to them about money but they just say they are saving the house for the grandson. Of course this is very annoying to me. Will the fact that i have had to give up work have an impact. This kid that they have left everything to is a stand over . He has been violent to them in the past. I have police reports and witnesses to verify this. He is harassing them . I believe its equivalent to battered wife syndrome because they still agree to see him
Expert:  Daniel replied 2 years ago.
It is expensive, however mediation is a requirement before filing. If you 'only' want to be covered for a sum of less than $100,000.00, then it is more cost effective for all other parties just to agree on paying you that amount rather than fight it, as both legal fees, if contested and goes to finial hearing will be around that figure.
If I were their lawyer and you wanted to contest the will, I would advise them to let you have the $, in particular that you are caring for them
It is an unenviable position you are in, however it is something you can recover.
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Customer: replied 2 years ago.
But if something happens to them can i recoup what I have spent and also ask for a share of the will?
Expert:  Daniel replied 2 years ago.
Customer: replied 2 years ago.
If I contest will the legal fees only come out of my share or his also. I want to give the other 4 grandkids a small amount if possible. Like if I got half then i would want to give them 25,000 each
Expert:  Daniel replied 2 years ago.
If you are successful, the fees would come out of their share.
If you lose, it will come out of yours.
What I suggest will happen is they will settle, allowing for a small amount of legal fees to be paid out of the estate and leaving you with ample amounts to pay the grandkids.
Please leave feedback as to my service.
Customer: replied 2 years ago.
Thank you I am very satisfied with the info you have provided
Expert:  Daniel replied 2 years ago.
Thank you. There is a section on your end that allows you to leave feedback. Please do so for my rating. Thank you.
Expert:  Daniel replied 2 years ago.
Is there any further assistance I can be of?
If not, please click the accept button and leave feedback