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QLD Daughter's Legal Rights After Father Dies - Estate with Public Trustee

Discussion in 'Wills and Estate Planning Law Forum' started by Markus Barnett, 8 August 2015.

  1. Markus Barnett

    Markus Barnett Active Member

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    Hi. i have posted regarding this matter before but my partners father was still alive then. Our circumstances have changed now, so would very much appreciate some legal assistance with regard to the following matter.

    Both my partner & myself have been living in my partner's father's house while we gave round the clock care to him. This has been happening for just a little under 3 years now. Sadly his heart gave out 5 days ago but the fun has just begun. My partner's sister & brother have become extremely insensitive about their fathers death. We have had both of them making demands on us & the funeral is not even over with yet.

    The both of them want my partner & myself out of the house within the next 6 weeks. we only had a verbal agreement from the father, while he was alive. to say that we could stay in the house until it suited us. but as you can see they both wish to exersise their rights. regardless of any agreement that we had with the father before his passing.

    The other matter that is at hand here is the father's deceased estate. His estate is with the Queensland public trustee, so I do have a couple more questions with regard to this.

    1} how long can we stay in the house. (rough time estimate).
    2} can we stay in the house until it is sold?
    3} how long does it take for public trustee QLD to act?
    4} given the right amount of time for us to get our act together financially as both of us gave up work to do this. can we buy out the brother & sister (house) without their knowledge?
    5} the sister wants to come & go from the house even if we are not there. can she do this?
    6} should we seek legal aid to help with these very sensitive issues?

    I look forward to hearing from someone soon on this matter as my partner has been to hell & back with the brother & the sister since the fathers passing.

    Regards.
     
  2. winston wolf

    winston wolf Well-Known Member

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    If the public trustee is acting as executor then they have discretion on these issues.
    Unfortunately if you father didn't put his wishes is the will they hold little to no effect.
    Q1 - Q3 ask the executor.
    Q4 I would think so.
    Q5 Not sure, perhaps you have some rights a a tenant to privacy(others?)
    Q6 You can try, but my understanding is legal aid don't normally get involved in estate issues.
     
  3. Markus Barnett

    Markus Barnett Active Member

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    Thanks my partner was able to sleep a little easier last night. we will contact QLD public trusts on Monday after the funeral so that we can get our affairs in order.

    Cheers.
     

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