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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
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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What do we do if we inherit our parents house and we want to

Customer Question

what do we do if we inherit our parents house and we want to transfer it into our names but one of us is in a homeswest house and cant inherit because they will lose it
Submitted: 2 years ago.
Category: Australia Law
Expert:  kmslaw replied 2 years ago.

Hi my name is ***** ***** I am going to help you with your inquiry today.

Unfortunately this puts you in a difficult position. The executor of the will is responsible for carrying out the intentions of the will, so if it says that you inherit the property, you inherit it. Is this a hypothetical or has it already happened that your parents have died? If they haven't died yet and they have capacity, you should encourage them to get legal advice on an alternative construction of their wills to enable you to benefit from the house inheritance in a way that doesn't disadvantage you with housing. If you have a disability, then your parents should have a will crafted with a special disability trust in it so that you can earn interest from the value of the house but not hold the asset so as to disentitle you to public housing. If you are in public housing for another reason, your parents should seek advice on how to preserve your rights in the public housing through their will. If you parents have already died and the executor or administrator has received advice that you must inherit the property, there is nothing you can do but disclose it to homeswest and possibly seek to sue any solicitor that provided advice to your parents when drafting their wills, on the basis that it was negligent not to protect your interests through the will. I hope that this helps you with your inquiry.

Expert:  kmslaw replied 2 years ago.
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