Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

Evict Relative?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Evict Relative?

    Hi,

    I am hoping someone can give me some advice as to any legal problems i may have if it comes to evicting my sister from my Fathers home?

    My Father who owns a property and lives there permanently. Has allowed my sister to stay with him until she can find somewhere else to live (she was evicted from her last rental property). Currently my sister is staying with my Father on a good will gesture with no formal contract of tenancy and my sister is NOT paying rent to my Father. My Father is only allowing her to stay until she finds somewhere else to live - however by the looks of it she's not even looking for anywhere else to live.

    Now my Father is not a well man so his time with us will probably be short (another 1-2 years). He has stated in his will that upon his death the property is to be sold and the proceeds divided equally between this children.

    My sister has made a suggestion many years ago that if Dad was to die that she would move in to his home and live there. So from that statement and the current situation, I can see she's not going to leave willingly if Dad did die while she is living there.

    What legal ramifications are there for her to stay? Would my brother and I need to get her evicted if she did not leave willingly? Would she have any legal standing on the basis that my father verbally allowed her to stay?

    Note: my Brother and I do not live with our Father.

    Any advice would be greatly appreciated!!

    Thank you,
    Adams

  • #2
    You can't evict a daughter living with her Father in the family home.

    Who is the executor of the will - they are tasked with carrying out your Father's wishes.

    I don't think you need legal advice - family counseling may be better (assuming that you can't sit around the table and discuss it in civil terms)
    DFTBA

    Comment


    • #3
      Hi cube,

      I don't want to get into family politics.

      My brother, sister and I are all named executors on my Fathers will.


      Regards,
      Adams

      Comment


      • #4
        What cube said. It's good that you are considering this now, as it allows time to help all siblings end up on the same page, rather than getting lawyers involved later. Which will quickly diminish the sums available to the beneficiaries. And unless your dad changes his will, then the executor must sell and distribute the proceeds.

        That sale could be to your sister, who could use her share as deposit. Suggest you think through how that could happen if she suggests it, Needs to be fair to all and also draw a firm line under the distribution to beneficiaries so no comeback later. Though IMO better to sell to a non family member and all move on.

        Families ....

        Comment


        • #5
          Know of a similar situation

          Squatting sibling has no need to attend any mediation or do anything. Will just quietly whine away in father's ear about how unfair life is and how the others need isn't as great as theirs and suggest will is changed to make life fairer

          When the will is read, assuming not changed, probate takes 6 months, then maybe 6 months of time wasted in arbitration trying to get a binding agreement that will still be dishonored eventually leading to disinherited siblings paying thousands to start high court action

          that will take 2 - 3 years to appear before the judge who will quickly order a forced sale of the now rundown property in another 6 months

          final eviction of squatter, and possibly rent paying mates, by bailiffs another block of money spent and time wasted

          with nz property now worth so much this is happening much more and imho the courts need an accelerated system to stop the problem growing further

          something along the lines of all the costs and lost earnings from the correct and legal discharge of the will being taken from the bludgers share along with penalty interest

          need to remove the financial incentive of bludging if you expect to reduce it
          Last edited by eri; 30-05-2017, 11:02 AM.
          have you defeated them?
          your demons

          Comment


          • #6
            Absolutely get legal advice ASAP. I have seen this happen twice and it was awful for the non offending family members. Get her on a tenancy agreement yesterday and talk to a lawyer tomorrow. Make sure dad's will is correct and in keeping with his wishes and precludes sisters ability to stay on after death. Your father can stipulate sale of the property after death to facilitate it if necessary.

            Comment


            • #7
              Originally posted by Bobsyouruncle View Post
              Absolutely get legal advice ASAP. I have seen this happen twice and it was awful for the non offending family members. Get her on a tenancy agreement yesterday and talk to a lawyer tomorrow. Make sure dad's will is correct and in keeping with his wishes and precludes sisters ability to stay on after death. Your father can stipulate sale of the property after death to facilitate it if necessary.
              The RTA excludes family. I have been in tribunal with the ex son in law who was not paying rent. The tribunal refused to rule on the matter because the grandson (direct blood relative of owner) visited.
              The suggestion of the adjudicator was we agree to be voluntarily covered by the RTA. We did this and the ex son in law was a model tenant (with me as property manager) from that day forward.
              So yes generally it can not be dealt with by the RTA but if the parties can get together and do a deal it can be.
              Failing that then the problems are terrible. District court here we come.
              This sort of thing can take years to solve and often results in no rates nor insurance being paid.

              Comment


              • #8
                I'm with Cube. All you can do is make the the will is done and know who has it. But at the end of the day if you don't get along then it'll be a fight in family court after your father passes, which will cost lots! I'd be more focussed on spending quality time with your father and not worry about what may or may not happen

                Comment


                • #9
                  So what?

                  You have a house of your own so get on with your life.

                  Originally posted by Douglas Adams View Post
                  Now my Father is not a well man so his time with us will probably be short (another 1-2 years). He has stated in his will that upon his death the property is to be sold and the proceeds divided equally between this children.
                  Then she is doing something which you are not (called looking after him)

                  When he shuffles off you will each be entitled to and get your share. Until then I suggest you rethink painting yourself in a corner.

                  I don't entirely agree with my sister either, but then, I have opportunities she doesn't. Additionally, I am getting married to my girlfriend in a few months time and we will start looking for our own house to buy.
                  Last edited by PTWhatAGreatForum; 01-06-2017, 06:27 PM.

                  Comment


                  • #10
                    MAny elderly get lonely living on their own and she may be companionship for him. As a sibling I can see how you think it unfair that she lives there rent free but as long as your dad is happy and not being abused by her, either physically, emotionally or verbally I think its a good thing.
                    However it might be prudent to get your dad to the lawyer and get his affairs in order while he is still able. No parent really wants to shuffle off knowing they have left a mess for their kids to sort out.

                    Comment

                    Working...
                    X