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Who's entitled to my father’s house? (No will\Intestacy)

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Soul21

Junior Member
Last month my father passed away in a work accident and there was no will left behind. His assets included a house worth $250k, life insurance worth $30k and $50k in his bank account. All up he was worth around $330k

After speaking with a lawyer yesterday I was informed that his de facto partner (girlfriend) of 14 years was entitled to his personal chattels (furniture, TVs, utensils, vehicles, etc), the first $121,500 of the estate (plus interest), and one-third of the rest of his estate. The other two-thirds goes to me his only child.

I was never worried about the money my main concern was the house. He had promised me the house and informed other family members of his promise.

Once the lawyer explained all of this to us she looked at me as if to say “there ya go, you know now” and I haven’t seen her since.

My next move is to seek out another lawyer (alone) and get some advice. I then want to change the locks and kick her out before she starts moving in on my dad’s turf, but I don’t know if I even have that right.

If anyone can offer any advice I’d greatly appreciate it. I know this isn’t a U.S case, but hopefully someone here is educated in NZ laws or could at least make more sense out of our administrations act than me.

Extra details:

- His girlfriend didn't live in his house and they didn't share financial responsibilities
- The house wasn’t under a joint tenancy and he had paid off the mortgage
- I am his only child
- Scenario takes place in New Zealand
- For info on NZ law visit New Zealand Legislation
 


Kiawah

Senior Member
Not providing anything interpreted as legal advice, and only going on what you indicate in your post, it sounds like she gets the first 121500, and then 1/3 of the remaining 208500. That leaves you as inheriting 2/3 of 208500, or 139000. Since the house is worth more than the 139000, you can't just take the house. Your father didn't put his wishes of you getting the house in writing.

So you either sell the house to distribute the funds out appropriately, or you buy the house using additional 111K money out of your own pocket (250000K house value - 139000).
 
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