As a trustee of my mothers house can I put a probate on the house or can I put the house up for sale, im in nz, i have

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Customer: hi there as a trustee of my mothers house can I put a probate on the house or can I put the house up for sale
JA: Estate laws vary by state. What state are you in?
Customer: im in nz
JA: What documents or supporting evidence do you have?
Customer: i have my mothers will and lawyer documentation to say I am a trustee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: can they help in nz?
Answered by Chris The Lawyer in 2 hours 5 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

If you have your mother’s will which says that you are the executor and trustee of the estate, then you can apply to the High Court to get probate of the will and then use the probate to have the house transmitted to you as executor. The next step after that will be to decide what needs to be done with the house, such as selling that, so that you can distribute the money according to the will
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Chris The Lawyer, Expert

May i help further?

Customer
Mysewlf and my brother are the Trustee's of her estate. I dont know who the executor is.
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Chris The Lawyer, Expert

The executor and trustee are the same role-your brother should be telling you what he is doing, and telling you what is in the estate

Customer
Hi Chris myself and my brother Martin are Trustees of mums estate but my brother-in-law has been dealing with the will etc. on the document that I have enclosed my brother-in-law Geoff had a meeting in 2020 to discuss a new roof to be put on my mother's house which was held during covid, myself and my brother martin were not invited to attend the meeting even though we are trustees, now my sister the wife of Geoff has decided that she will not pay me a cent as I did not pay towards the repair of mums roof all is stated in the document attached which I and my brother did not sign!! can you see where I am going with this!! however, it does state that myself and Martin are the trustee at the bottom of the document I have had no further correspondence from my sister or my brother-in-law Geoff, I have had a meeting with my brother Martin regarding this issue and he also was not aware of the meeting or the document I.E ( minutes of the meeting). he is in favour with me to resolve this family dispute by putting the house on the market, there are 5 other siblings with the addition of myself and Martin there are 7 of us of which we will all receive equal shares as of mums request in her will However myself and martin are the trustee's, so can we go ahead and apply to the High court to sell mum's house? and also Chris is the document attached legally binding?. i hope I have given you a more precise update of information
Customer
thank you best regards roger
Customer
File attached (T7MTL3P)
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Chris The Lawyer, Expert

If the roof needed repair, then that would be a valid document, and should come off the sale price when the property is sold. if some of the others paid for that, then they should be reimbursed. But you should get your share of the property after the repair costs are paid. You can push for the property to be sold, especially if you cannot agree on things like this.

Customer
thanks chris did you view the document? ihave agreed to pay along qwith my brother martin the 10,000 dollars repair bill so hopefully that will soften there ego's, so now myself and my brother martin can push for the sale is that right?
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Chris The Lawyer, Expert

Yes, I read the document which appears to be a valid trust resolution. And you can press for sale

Customer
the trust is due to expire in 2024 what would happen then??
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Chris The Lawyer, Expert

I expect that the property would need to be sold

Customer
ok chris so we can o ahead without applying to the high court?
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Chris The Lawyer, Expert

The trustees can agree to sell, but if you dont have a majority decision of the trustees then you may need to go to the High Court

Customer
thank you chris soo much for your help in this matter as the trustees are just myself and Martin we will proceed in the sale of the house i have informed my brother in law that we will pay the 10,000 dollars for the roof repairs and that we will be selling the house
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Chris The Lawyer, Expert

Ok
Customer
Hi chris i'm having huge problems here, as a trustee can i take out a mortgage for my share of the estate against the trust because aparantly the house is in trust
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Chris The Lawyer, Expert

You cannot take out a mortgage against just your share, the bank will not allow that. They will lend against the whole property only

Customer
ok but can i take one out against the whole property as a trustee if the other trustee my brother martin agrees to it, oh and that minutes of the meeting where never signed by me or martin so is that still legally binding?
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Chris The Lawyer, Expert

The trustees can pass a resolution to take out a mortgage on the property, but you need to ensure that the mortgage is in the best interests of the trust, which means the beneficiaries. The minutes of the meeting are just a record, and as long as they are accurate signatures are not so important. If that was the decision At a meeting, and everyone agrees that that was what was decided, down the minutes simply record that decision.
Customer
HI chris i have been told by my sister and her husband that i can not sell mums house she is NOT a trustee just me and martin she said as trustee of mums will she is up holding mums wish and that i have no financial interst in the house i am so confused i have tried to switch to live phone call to call you to talk properly but the page wont allow me to do it. i just dont know what to do?
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Chris The Lawyer, Expert

I think you need to see a lawyer with all the relevant documents and get a full explanation. It’s a bit hard for me to give more than an overview without seeing the documents and spending time advising on the meaning
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