NSW Relative Squatting in Deceased Estate - What to Do?

[Eliza Jane Brown]

What does the law say about a person moving into a deceased estate after the death of a loved one and driving the deceased's vehicle around?

Also one family member is going to the main deceased estate and removing items so another family member can't ever get them and trashing the place.

 

[Rod]

Squatters, regardless of family ties, can be evicted by the person with rights to exclusive possession of the property. That is the executor if the title has not been transferred as yet..

Theft is theft. One family member can commit the crime by stealing from another family member. Proving the crime is not always easy. Most times the thieving family member claims the dead relative gifted the items to them so police are sometimes reluctant to get involved for these reasons.

 

[Eliza Jane Brown]

Thank you

The relative outright told of taking things from the house so the other sibling couldn't get it. Unfortunately this was said over phone conversation.

It is a complex battle that hopefully will get resolved as the relative has taken the wills and not providing them to the other beneficiary

 

[Rod]

Which relative is the executor? The Executor needs to step up and take control of the situation. Failing to act properly can make the executor legally responsible.

And yes, deaths bring out the best in some people, and the worst in others.

Good luck.

 

[Eliza Jane Brown]

The son of the deceased has told us there is an executor that is a friend but they don't want the responsibility, according to him.

I'm his niece and we are estranged from him many years ago due to his behaviour with criminal activities. He has spoken to me about there being more than one will and the last will my mother is not on it. It's all hearsay and has said his daughter will receive the second property and the main house will go to charity.

The deceased was mentally ill in the years leading up to his death. It is panning difficult to get hold of the wills even with legal action

 

[Hayder Shkara]

You should try and do a search for one or all of the wills. Some places to start - the NSW public trustee, any lawyers that the deceased used to go to, any lawyers around the area the deceased used to live, safety deposit boxes in banks, some place in the house of the deceased.