Hello. I hope I am posting this in the right place. My dad has dementia and he has been placed into a permanent care facility by my step mum (just in the last week). She is now selling his/their family home and just wondering what sort of rights would I or my sister's have in this situation?
I assume then she must either have enduring power of attorney or is a joint tenant on the title..... If dad has to go into a care facility then that facility will normally require a refundable accommodation deposit. These can be hundreds of thousands of dollars & not uncommon that the family home has to be sold to raise the deposit...
The deposit is fully refundable when dad passes away or leaves the facilty....In the case of being deceased, the RAD will pass to his estate... Doe's he have a will?
The deposit is fully refundable when dad passes away or leaves the facilty....In the case of being deceased, the RAD will pass to his estate... Doe's he have a will?
Thank you so much for your answer. I'm assuming she does have power of attorney... We are unsure as the relationship between my stepmum me and my sister's has been strained over time to say the least. We were sort of aware that the accommodation requires a deposit but we do not know how much it is, however she has said it is taken care of. She plans to buy a unit after selling the house, does that then mean then she owns that unit outright? I have not seen my dad's will but I do remember him mentioning many years ago now that he updated it to include my stepmum, me and my sisters basically dividing the value of the house between the 4 of us. Does that become null and void if the house is gone?
Yes I suspect it would
You may be better posting this question in the wills & estate planning forum.... From my understanding, you will have a right to see a copy of the will if you are a beneficiary...The will would have to have been made when your dad was of sound mind but until you see what it says it's all speculation.
You generally only have a right to see a will for an estate to which you are a potential beneficiary when the testator is deceased - not while they are alive. This checks out with section 50 of the Victorian Wills Act.
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