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I'm looking into getting a will done up for my mum. She has…

Customer Question
Hi, I'm looking into...

Hi, I'm looking into getting a will done up for my mum. She has recently been diagnosed with cancer and she has been separated from my father for about 4-5 years. He walked out on her. They have two houses together. He lives in one and Mum lives in the other. I'm wanting to know what will happen to the house we live in.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this stage

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/12/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,569
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

I would be pleased to assist you in this important matter.

would you like to talk on the telephone ?

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Customer reply replied 8 months ago
I'm happy to talk here if that's ok
Solicitor: John Melis, Lawyer replied 8 months ago

yes you are welcome too.

what aspects about the will do you need to know ?

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Customer reply replied 8 months ago
I just need to know if my mum is wanting to give her part of the house to her children will we get it if she puts that in the will or will it go to my father
Customer reply replied 8 months ago
They are married but have been separated for 4 years as he walked out
Solicitor: John Melis, Lawyer replied 8 months ago

this will be subject to the title of the property

if the title is joint tenants the house will go to the father

if the title is tenants in common, your mother can will that part to the children.

I have extended a special offer to talk in detail on the phone if you prefer ?

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Customer reply replied 8 months ago
The house originally was bought by my mother, father, grandmother and grandfather (mum's parents). They have both passed away. The house is still in mum, dad and grandmother's name as that is what the bank decided to do as it was easier and the cheapest option. But if mum decides to make a will and the will states she would like to give her share to her three children. If she then passes away her share will then be passed on to the children and dad will have he's share. is that correct?
Solicitor: John Melis, Lawyer replied 8 months ago

have you seen a copy of the title to the property

or have you recently done a title search ?

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Solicitor: John Melis, Lawyer replied 8 months ago

what does the title say, or better still can you upload it ?

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Customer reply replied 8 months ago
I don't have it on the computer. But the title says. Mr and Mrs Henderson on our house it then has grandmother's name
Solicitor: John Melis, Lawyer replied 8 months ago

ok. this means there are three people on title.

the question you need to find out, is what words are being said:

tenants in common or joint tenants.

this will then tell you the out come of the matter.

did I answer your question today ?

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Customer reply replied 8 months ago
not really still very confused. But thanks anyway
Solicitor: John Melis, Lawyer replied 8 months ago

how about we talk on the phone.

I will be able to clarify the details for you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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