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LegalKnowledge, Attorney
Category: Estate Law
Satisfied Customers: 28344
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My Mother passed away in May last year(2016) and in her will

Customer Question

My Mother passed away in May last year(2016) and in her will left her estate to be equally divided divided between her four children. I am the youngest of the four children and my two older sisters and I signed a contract of sale for my older brother to buy our Mother's property using his share of the estate to help towards the finance of this contract of sale. My brother has since breached this contract of sale as he cannot get the finance and he owes the ATO a lot of money. He has however taken possession of the property and moved in although he does not own it and the title is still in the Executor's name(my eldest sister). Is he trespassing and what can we do to rectify this situation as he is taking advantage of utilities still being paid from the estate and living in our Mother's house.Look forward to your response.Regards
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I am sorry to hear about your mothers passing and certainly understand the situation and your concern. If he was allowed to take possession, on the belief that he would be buying your share and that of the other siblings and be the sole owner of the home and that did not happen, then he would need to vacate. Each of you has a shared legal right and interest in the home and he can not simply stay and benefit from the estate and live in the home, rent free. If he refuses to move, then your sister, who is Executor, would need to evict him, through the court. This is a civil issue, not criminal, so the police are not going to arrive and arrest him for trespassing but he has no right to simply stay there and not pay rent, utilities or contribute in some way, to allow him to remain, with everyone agreeing.

Expert:  LegalKnowledge replied 1 year ago.

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