I have question about property. Auckland. None. My dad co owned home with my uncle.. when he died he left his share of

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Customer: Hi I have question about property
JA: Hi. What state are you in? It matters because laws vary by location.
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Customer: My dad co owned home with my uncle.. when he died he left his share of house in his will in trust to my brother and sister.. but when he died my uncle went to lawyer and signed full ownership over to him because the lawyer said by law it belonged to him because of the arrangement. We all know what my father wanted but he has cut us out and says it's all his
Answered by Chris The Lawyer in 2 hours 1 year ago
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

If your uncle and your father were registered as joint tenants then your uncle would have inherited the property by survivorship. If you want to contest that you would need to sue your uncle and assert your fathers share was actually held in trust. That may not be easy

Customer
you recond there's no point pursuing it.. my dad worked hard for us after our mother died to make sure he left us something. I know that's what he wanted for us to have his share he told me so. It was my father's money that paid for deposit. We have many many family and friends to witness. The lawyers who drew up mortgage agreement got it wrong.
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Chris The Lawyer, Expert

You can try to sue your uncle to say that the share of your father was held on trust. But you would need to go to theHigh Court, and hopefully it is within 12 months of your fathers passing

Customer
No it's been 6 years.. we organised paper work to sign it over.. we tried talking to him he refused to sign it
Customer
When our dad first passed
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Chris The Lawyer, Expert

Sadly there are limitation periods which apply and you are now too late

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