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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44187
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have lost my late father will? my mother has also writen

Customer Question

i have lost my late father will ? my mother has also writen up a will and she wants to sell my home which was left to me in my father will , she says that she needs the money for her nursing care placement ie moving to a aged care home , unsure what to do now
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: we live in brisbane qld
JA: Has anything been filed or reported?
Customer: both wills are with the local lawyer in burpengary
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thanks gary frost
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

Good Morning.

If your father has passed away I would assume that the house is now in your name and she cannot sell.

If you father has passed away the reason you cannot find his will is because it was given to the court and you will have to contact the supreme court and ask for an exemplification of the probate that was granted.

If your father is still alive and then house is in his name your mother cannot sell it unless he agrees.

Until he passes the house is not yours.

You should also contact the solicitor that prepared the wills they may have copies.

I hope this makes sense and is of assistance. if there is nothing further

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