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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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My father died 28 years ago and left the family home in the

Customer Question

Good Evening,
My father died 28 years ago and left the family home in the estate to my stepmother for the term of her life.
Due to her wanting to sell the home and move to Ballarat, where she came from and to be with her own 2 children and grandchildren the home was sold and the monies from the sale of the house went into purchasing the home in Ballarat. There were 4 beneficiaries. One who was Mentally disabled and her share was put into trust with the Guardianship Board and the other 3 Beneficiaries were my 2 stepsisters and myself. We all agreed to this at the time and a Supreme Court Deed of Family Arrangement was filed. She is now 92 years old, is Blind and has Dementia from reports, and has been placed into Nursing Care.
My question is:- With the impending Nursing Home wanting their money, how does this impact on what is done with the home in Ballarat given that there is a Deed of Family Arrangement?
Where do I stand if she hasn't included me in her will?
I would really appreciate your help with this one.
Thank you,
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hi Kerrie my name is ***** ***** I am a solicitor in NSW who will help with your inquiry today. Have you got a copy of the Deed of Family Arrangement that you can attach here so that I can have a look at it? That way I can properly advise you.

Customer: replied 1 year ago.
I have a copy but don't have a scanner to send it to you.
In order to get the full picture, I would need to send all the paperwork which I can't do.
My step mother has a "life interest in the property" in Ballarat and upon her death
it is to be equally divided between my 2 step sisters and myself.
Expert:  kmslaw replied 1 year ago.

I reallly can't advise you Kerrie without the documents. The Deed of Family Arrangement would have in it clauses that will impact on the advice. Can you get access to a scanner? If you want to send larger quantities of paperwork, you can send it to JustAnswer. I'll just find out for you the address to send it to. They can send larger paperwork to me. You won't get the answer you're seeking without someone going through the paperwork. Kylie

Customer: replied 1 year ago.
That's fine, thank you.
I will look into this further with someone face to face as I don't have access
to a scanner.
Thank you very much for your time.
Expert:  kmslaw replied 1 year ago.

OK. Do you accept my answer?

Expert:  kmslaw replied 1 year ago.

Oh sorry, I just realised I didn't give you one! Just ask for a refund.

Expert:  kmslaw replied 1 year ago.

I've notified JustAnswer that you need a refund.