QLD Inheritance to Children - Entitled to My Share of the House?

[brettmcdonaldaus]

Hi there,

My mother passed away 2.5 years ago after a short battle with asbestos related cancer. She and my father owned a house together and my father has some superannuation which he lives off (possibly along with some pension).

Before my mother died she was awarded some money from James Hardie for the Asbestos etc. She knew that my father wasn't entirely loyal through her sickness so she decided to leave her assets to her three children. This included half of the home. However, my father continued living in it so I guess it wasn't included at this stage. Although he was able to continue living in the home, he demanded a quarter of the money that was left to my siblings and I. I refused to pay him what was rightfully ours but my siblings did. He has made no attempt to contact me since that day.

My father has recently sold the family home and I am positive he will do his best to make sure that he has spent all of the money from the sale of the house before he dies leaving no further inheritance for any of the children.

I also feel that there is a chance that I will be written out of his Will and Testament at some stage so I ask the question:
Now that my father has sold the house, am I entitled to a share of my mother's half of the house sale price?

 

[Sophea]

What did her will say? And did she own the house as joint tenants or tenants in common with your father? If they owned as joint tenants, it would automatically become wholly his when she died, it wouldn't have formed part of her estate to be distributed.