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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22981
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi there, This question is about how to best protect the

Customer Question

Hi there,
This question is about how to best protect the family home.
Has been in our family since built in the 1960's.
In mid 2000's my parents relationship soured and mother went into rest home care in 2007.
During this time the our estranged sibling decided to take it upon themselves to take mother from care and house her at his rental accommodation without consultation. During this time used her savings money to fund adult stepchild and themselves, pay a lot of backdated rent amongst other items. Then decided without consultation to put her back into a new rest home.
In 2009 my father had a life changing stroke. Whilst father was in hospital, the sibling moved into the family home with adult stepchild. Father went into resthome care, and then without notice, father returned to live in home with these 2. Although tried to intervene was kept in the dark about the goings on, until my father rang me distraught. The sibling had been using the fathers funds, yet paying no upkeep on the home - rates / power / insurances.
In 2011 my mother and father were both gravely ill in different hospitals. I was the point of contact for mother, so knew about her. It was a shock to find out about father.
Both recovered, but the sibling put father into yet another rest home without consultation. I found out from a discussion with mother. The only way I found him was looking up resthomes from the yellow pages. Within weeks he passed away.
The sibling kept distance for all except funeral. Never been able to contact them since.
The problem inlies that stepchild and themselves, remained in the family home until mid this year. Did not pay anything towards the property, and kept under the alias of the father. They sold the fathers car. They would promised to pay mother rent, and never come through. They only once applied for resthome care subisdies for mother, and never anything further for mothers latest care, or father's entire care. (I have spent 7 months applying for these, and also had previously worked a payment schedule to cover).
The sibling and stepchild have now disappeared, leaving an absolute mess.
I have become mothers enduring for property and welfare.
I have had to apply for a residential care loan for mothers care due to WINZ financial threshold.
I have also managed to take over the vacant property and spent many hours getting into into shape to rent, it's mortgage free (except for WINZ loan) - to recover some costs, as fear that if sold, the sibling will cash in on the capital.
I am trying to deal with this in a fair and proper manner.
Can you advise on anything else to make this work.
Submitted: 4 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 years ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : To help answer this can I ask whose name the house is on now? If it is in both names you will need to see a lawyer to ensure this goes into your mothers name and ask the lawyer to advise on making a will for, which you can sign as her attorney. This will ensure you can deal with the house when she passes and take into account what the sibling must owe