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I have lived in my fathers proprty for 20yrs during which…

Customer Question
I have lived in...

I have lived in my fathers proprty for 20yrs during which time i have maintained and paid rates.. During that time I was asked by my father to buy his share out as he had been refused by my mother to sell.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Auckland, New Zealand. My mother had abandoned the home, her 3 remaing children aged 4yrs (twins) and 9yr old over 45yrs ago. Since my fathers passing in 2001

Lawyer's Assistant: Has anything been filed or reported?

My mother wants to sell the property but and has began legal proceedings to evict me so this can be achieved. She has lived in Australia for 42yrs and has not contributed towards the proprty during this time. She has also avoided historical child maintainence during this time. She was an abusive mother who regularly beat her children.

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

I do not want my mother to have a say over my fathers share whom he struggled to pay the mortgage and raise my sisters on his own. I do not feel the law has protected his rights as well as our own against a mother who never really cared about much except herself.. I am hoping there is sufficent grounds to file a claim against my fathers share which i would like my brothers and sisters to inherit. He did not wish to have our mother to take his share but died before he could put anything on paper. Everything he did was by word and a hand shake, which he was well known for.

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 3 hours by:
11/26/2017
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,539
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help with your question toda
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
My first question is who actually owns the property now? When did your mother make a claim to a share?
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Customer reply replied 4 months ago
The house was in both my parents name when she abandoned the family in 1976-77. After my father passed away in 2001 his name remained on the title for 3-4 years when it mysteriously disappeared with just her name remaining. She was aware of the verbal agreement he had entered into with me, but was ignored. This can also be corroborated by my sister who was a witness. I have repeatedly told her he did not wish her to have his share. I can produce bank receipts of payment for rates, maintainence insurance for the last 20yrs and my father for 25yrs. She has not contributed towards the property in all this time as well as to her own children. My parents were never divorced but my mother ran off with another man from the onset and remained with him in Australia till he passed away. She has given my younger brother the power of attorney who like her has non existent ethics and can only see dollar signs. I am 63yrs old and the eldest son.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

When there are problems with the estate there are strict time limits for making claims. Your father should have made a will leaving his share to his children and done something about the title, because he probably would have been able to claim her share or most of it, if he paid the mortgage. After he died there is a 12 month period to make claims under the Family Protection Act or under the Law Reform Testamentary Promises Act. The time for making those claims is now well past. If the property was in the joint names, then it would have passed by survivorship to her, because it would appear that nothing was done to sever the tenancy. Your only hope of salvaging anything would be to claim a constructive trust, and issue proceedings to establish the nature of the trust. You would have some difficulty immediately because of the delay in taking any steps. You do need to see an experienced estate lawyer to discuss your options, but you may have left your claims too late

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Customer reply replied 4 months ago
I am partially deaf and cannot hear sufficiently over the phone to have a normal conversation.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

The most important thing is for you to consult with an experienced estate lawyer as soon as possible. If you dont have a lawyer then i can suggest some suitable lawyers-perhaps in your suburb if you dont want to go to the city

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Customer reply replied 4 months ago
The family had always assumed it would stay within the family, it was not until recently that plans to sell had surfaced that the trouble began. I would surely appreciate a suitable lawyer you could recommend, and also thank you for your expert advice and direction.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

Try Colin Lucas at Sellar Bone and Partners phone 631 0541. They are in Newmarket

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