Hi There,
I am currently defending the terms of my late fathers will.
He passed from or methalsimioma .
He bought the property from a successful litagtion (it was his legacy for all his suffering, ) 5 years before he remarried.
The plaintiff is his second wife of 17 years.
My father did have me as an Excecutor but I later declined as I felt it better to appoint his wife as this would be the norm.
And so she became the trustee Excecutor
I have 2 brothers. We are all adult. We all had a normal family realationship with my father and he enjoyed time spent with us, his granddaughters, and his great grandsons, (health permitting.)
My dads wife never worked and received a carer payment for my dad.
He passed away almost 2 years ago.
He always said that if his wife chose not to stay in the property when he passed, it was to be sold and split 50/50.
I raised the question of his wife forming a new relationship after he passed, and the possibility of a her loosing the home should the realtionship fail.
6 months before he passed, he put a life interest in place , my brothers and I are the remaindermen.
After my dad passed my fathers wife told me she had assured my uncle she would repay a $20,000 loan my uncle had given to her sister that supposedly was lost in an internet scam.
I later was told by my uncle (dads brother) When I asked if he had lent money ,This assurance was apparently given even before my dad passed, Dad knew none of it.
Then she was advised of the details of the life interest she was quite shocked.
We explained to her if she ever needed anything or any money to call , we were more than willing to help.
His wife had met a new man and proceeded to lodge an inadequete provision claim
as she was desperate for money wasn't working ,but receiving carer payment for her sister who had moved in with her.
My dads wife is now 60.
She never contacted us to find a solution prior to lodging (we were on good terms).
Fast forward to now and we have quite a large amount of legal costs, but reached a settlement in March .
The settlement involved an agreement that stated confidentality, and the property to be listed for auction within 2 weeks of the date of the agreement.
This has been stamped and approved by the Court.
Her new partner has been in touch with our agreed appointed real estate agent directing him what "THEY " will be doing and when. (not listing the property until spring.)
He has also phoned and texted me ordering me of what "THEY "will and will not be doing.
If we ( my brothers and I) " Dont do this ,this & this we are not selling."....
The property is still as of today not listed.
Her sister lives there.
My fathers wife probably doesn' t reside there much now.
I dont know if all the insurances ,rates, etc, are paid an up to date.
My father had always told us that should any of us contract asbestosos we would need his paperwork.
His first wife and my brother and I were exposed to asbestos when he worked in one of his earlier jobs.
Upon asking for personal items , documents, clothing, non valueable but connections for us as his family before their marraige. etc, his wife claims these have all been burnt.
I have been unable to obtain anything except photographs ( this is soooo wrong)
And legally , not much can be done was my advice
Considering that from the outset she was desperate for $$$$ I find the whole thing absurd, that its still dragging on.
My lawyer instructed us when we signed the agreement not to discuss it with anyone.
When I raised concerns about my fathers wife's partner having too much input and doing just that, I was told "Oh well that happens."(HUH!)
My lawyer has said that as the property is not listed they are breeching the terms of the agreement, but it will cost $$$ to pursue that.
My questions here are
Is this my fathers wife failing her duty as an executor?
What recourse do we have if any?
Do we just sit back and let it take as long as she sees fit?
Do I have any litigation avenues after its finalised because of breeching the agreement?
Sorry its a long post but just trying to get all the facts in.
I would appriecate any advice thanx.
I am currently defending the terms of my late fathers will.
He passed from or methalsimioma .
He bought the property from a successful litagtion (it was his legacy for all his suffering, ) 5 years before he remarried.
The plaintiff is his second wife of 17 years.
My father did have me as an Excecutor but I later declined as I felt it better to appoint his wife as this would be the norm.
And so she became the trustee Excecutor
I have 2 brothers. We are all adult. We all had a normal family realationship with my father and he enjoyed time spent with us, his granddaughters, and his great grandsons, (health permitting.)
My dads wife never worked and received a carer payment for my dad.
He passed away almost 2 years ago.
He always said that if his wife chose not to stay in the property when he passed, it was to be sold and split 50/50.
I raised the question of his wife forming a new relationship after he passed, and the possibility of a her loosing the home should the realtionship fail.
6 months before he passed, he put a life interest in place , my brothers and I are the remaindermen.
After my dad passed my fathers wife told me she had assured my uncle she would repay a $20,000 loan my uncle had given to her sister that supposedly was lost in an internet scam.
I later was told by my uncle (dads brother) When I asked if he had lent money ,This assurance was apparently given even before my dad passed, Dad knew none of it.
Then she was advised of the details of the life interest she was quite shocked.
We explained to her if she ever needed anything or any money to call , we were more than willing to help.
His wife had met a new man and proceeded to lodge an inadequete provision claim
as she was desperate for money wasn't working ,but receiving carer payment for her sister who had moved in with her.
My dads wife is now 60.
She never contacted us to find a solution prior to lodging (we were on good terms).
Fast forward to now and we have quite a large amount of legal costs, but reached a settlement in March .
The settlement involved an agreement that stated confidentality, and the property to be listed for auction within 2 weeks of the date of the agreement.
This has been stamped and approved by the Court.
Her new partner has been in touch with our agreed appointed real estate agent directing him what "THEY " will be doing and when. (not listing the property until spring.)
He has also phoned and texted me ordering me of what "THEY "will and will not be doing.
If we ( my brothers and I) " Dont do this ,this & this we are not selling."....
The property is still as of today not listed.
Her sister lives there.
My fathers wife probably doesn' t reside there much now.
I dont know if all the insurances ,rates, etc, are paid an up to date.
My father had always told us that should any of us contract asbestosos we would need his paperwork.
His first wife and my brother and I were exposed to asbestos when he worked in one of his earlier jobs.
Upon asking for personal items , documents, clothing, non valueable but connections for us as his family before their marraige. etc, his wife claims these have all been burnt.
I have been unable to obtain anything except photographs ( this is soooo wrong)
And legally , not much can be done was my advice
Considering that from the outset she was desperate for $$$$ I find the whole thing absurd, that its still dragging on.
My lawyer instructed us when we signed the agreement not to discuss it with anyone.
When I raised concerns about my fathers wife's partner having too much input and doing just that, I was told "Oh well that happens."(HUH!)
My lawyer has said that as the property is not listed they are breeching the terms of the agreement, but it will cost $$$ to pursue that.
My questions here are
Is this my fathers wife failing her duty as an executor?
What recourse do we have if any?
Do we just sit back and let it take as long as she sees fit?
Do I have any litigation avenues after its finalised because of breeching the agreement?
Sorry its a long post but just trying to get all the facts in.
I would appriecate any advice thanx.
