NSW Deceased estate - home

Discussion in 'Wills and Estate Planning Law Forum' started by Melinda Hulm, 27 August 2018.

  1. Melinda Hulm

    Melinda Hulm Member

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    My father passed away 7 weeks ago. He left the house to myself, I’m his daughter. I decided to let my unemployed son stay there until everything is sorted with solicitor. He was aware that we would be doing some renovations to the house ie. painting and floors, no major work, so we would be in and out of the house. He is now screaming at me when I walk in when he doesn’t answer the door. Yesterday, I walked in, as I knocked on the door and there was no answer. He started yelling about me selling the house and I shouldn’t be selling it. I mentioned to him that he is my father and has left me the house and it has nothing to do with him. I originally told him that he would only be there for a couple of months. He has the house stinking of cat, has his young girlfriend living there too. He has no income, and we are paying for groceries, car payment etc for him. We have plans to move into the house when probate happens. I have just taken a week of work as I have not been coping with the death of my father, now this happens. My son just takes everything for granted and thinks it’s now his place. I’m not sure what to do and how to remove him from my fathers house.
     
  2. Tim W

    Tim W Lawyer
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    Your son is behaving the way a 14 year old does when one of their parents walks into their room without knocking.
    Further, he may have unresolved grief of his own, which he is unable to express,
    even if he did not have all that much of a relationship with (the man I assume was) his grandfather.

    Those are questions of parenting, not of Succession Law.

    Of course, he thinks he's got himself a free house.
    By the sound of it, the only thing worse than leaving him there would be having him (and her, and the cat)
    move (back) in with you.

    Thing is, part of the duty of an executor is to take steps to protect the assets of the deceased
    during the immediate aftermath of death, and while the executor does their work.
    In that context, putting some sort of ad hoc, temporary! caretaker in a house
    can be a good call.

    However, an ad hoc caretaker is not a tenant, and does not have the kind of rights to exclusive use etc
    that a tenant typically has.
    That said, I suggest that if he wants to behave as though he's a tenant - treat him like one.
    Once probate is granted, have the Executor (if that's not you) serve him a formal, written, Notice To Quit.
    Give a reasonable date of effect, say 60-90 days from the grant of probate.
    Then, on day 61 (or 91), have the Executor take exclusive possession.
    Physically. Change the locks, for example.

    One other suggestion. Consider cutting off the broadband, subscription TV, and the landline phone to the house.
    If you speak to the providers, they can probably do this (pre-probate) on the production of a Death Certificate.
    And stop paying for his groceries etc. Let him become a Centrelink client.
    Don't further enable the little troll.

    And prepare for lots more screaming to come.
     
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