Is your advice free? Our father left his six children his home and property in his will, this was five years ago. The

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Customer: Hello Pearl, is your advice free ?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No. Our father left his six children his home and property in his will, this was five years ago. The eldest brother lives in the house he has never paid rent and refuses to talk about selling?
JA: Family law varies by state. What state are they in?
Customer: Oops, I apologise I am in New Zealand. Sorry for the inconvenience. Thank you for your time.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I do not have the money to pay the Lawyer.
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

The executor of the will should sell the property to complete winding up the estate. If the executor is your brother living in the property, then you need to apply to the High Court to remove him and then replace him with somewhere like the .Public Trustee, who can then sell the house
Customer
Hi Chris
My name is***** am not entirely sure of any legal proceedings as this brother was the only one going to talk to Dad's then-lawyer? He was the power of attorney before Dad passed. I am unsure if he is the 'executor'?
Customer
It is quite late in the night now I can reconvene this conversation tomorrow at a more suitable time.
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Chris The Lawyer, Expert

The executor would be named in your fathers will. However if he did not leave a will then this would be more complicated, because then someone needs to be appointed to administer his estate, as the administrator. But certainly come back tomorrow when you are ready

Customer
Okay, thank you. Yes, there is a Will. We were each given only a section of the Will. I have this copy. But another sister said the original Will had more pagers.
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Chris The Lawyer, Expert

It is possible to get a full copy of the will from the High Court and this would name the executor. Your family should get this, confirm who is the executor, and then tackle them to ask why the will has not been properly administered

Customer
Dad's Will states two lawyers who were named as Executors and Trustees in 1989. If these two men are unable to be contacted who then would be a suitable Executor or would the High Court appoint one?
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Chris The Lawyer, Expert

They are still the executors. If they have retired or died they need to be replaced
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Chris The Lawyer, Expert

It is possible your older brother was given the right to stay in the house during his life. Do you think this is the case?
Customer
Well, that is the first hurdle resolved. Am I able to continue asking for your advice until the seven days are completed, please? I will do some digging tomorrow and no doubt will then need the direction on how to communicate with a non-compliant sibling!
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Chris The Lawyer, Expert

Sure
Customer
If, so he has never mentioned this as a fact. From the Will 'Equal shares... to be bequeathed my estate... to all my children and then each of us is named. I will try to contact either man mentioned as Dad's Executor to see what brother talked to them about? I will re-connect with you tomorrow, please.
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Chris The Lawyer, Expert

Ok
Customer
Kia ora Chris, I have just sent an email to the solicitor's Dad had appointed as the executors and trustees of Dad's estate and Will. After I received a reply from them I will contact you again. Thank you for your time. Debi
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Chris The Lawyer, Expert

Let me know the response
Customer
will do.
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Chris The Lawyer, Expert

OK

Customer
Kia ora Chris, I have made contact with the Law Firm that has details of Dad's Last Testament and Will, they will reply as soon as possibly able. Hopefully, this will be before the 17th of October as to gain as much access to your expertise for the legitimacy of balance between all shareholders of Dad's estate, within the trial period. Thanks for your patience. Chat later.
Customer
Hello Chris,
Q: Is it possible for the shareholders to sell the estate?
Q: If our brother has no legal right to stay in the house and has never paid rent or wants to discuss buying or selling the house - what are our options?
Q: At this point, it is this brother and one other sister who doesn't want to sell but there has been no mention that they will buy the house - what can the other four do? How do we approach these matters, please?
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Chris The Lawyer, Expert

There is a procedure for selling the property even with objections from a minority, which is called partition and sale under the Property Law Act. When the property is sold and the funds held for division, you can also charge your brother rent for the time from the date of death to the time he vacates

Customer
Well, this is another spanner in the works for brother (to add to a wall full of spanners)..the law is just after all! Jokes aside, this is invaluable evidence that sadly for brother seems to resonate compounding financial detriment.
Could I wait to hear back from the Law Firm, as now I am uncertain how I will present this information to my brothers and sisters including the brother in question,
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Chris The Lawyer, Expert

The short point is that you can force a sale over his objections-let me know what the law firm says

Customer
Wow, sure.
Thanks again.
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Chris The Lawyer, Expert

Glad to help

Customer
Hello Chris, No news about who the executor is, as yet. Last question: Is it possible for the shareholders to sell the property without an executor or a Public Trustee?
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Chris The Lawyer, Expert

It must be the executor of the estate who sells the property-if the house is now in your joint names, then all of you must agree

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