Basic summary:
1 x parent dies leaving remaining pool of assets to husband. This includes large family home as well as block of units.
The father now has a cleaner who has become very friendly with him and also assists with cleaning the block of units. She has very little english however had a husband and is now divorced and now seems to be hanging around a lot - a bit too much according to the sons and daughters.
The father has denied anything is going on and she will not take anything however the family is scared she is putting things in her name using his address and may make a claim on the estate once he is dead (she is Phillipino and he is greek with poor english ).
Options to negate this as the sons and daughters currently are next of kin once he passes (noting 50% belonged to their mum which was passed to the father when she passed). The risk is if she does claim to be his "partner" she could claim up to 50%!!
Options to minimise risk:
1. Transfer properties into childrens name now - stamp duty $$ and father sees no reason to do this.
2. Register a mortgage on these properties above the value they are worth so children will have first priority in the event of claims from cleaner (difficult to prove money passing from children to father to justify a mortgage of $x). Father has no mortgage on these properties. Can the children claim monies for looking after mother and brother when sick or managing unit (ie $x for 20 years or would this be more like income).
3. Testamony Trust on death - same issue as normally passing over if the cleaner makes a claim.
4. Write formal letter to cleaner with our suspicions and get her to confirm she has no interest in father's estate.
5. Make a video with father confirming she has no right to estate and they are not dating.
I would value any opinions or additional thoughts on above to see if it is worthwhile approaching solicitor or is there nothing we can really do yet? The father still thinks there is no problem but as we have seen with other families they just leave all the mess behind for others to deal with!
Thanks
R
1 x parent dies leaving remaining pool of assets to husband. This includes large family home as well as block of units.
The father now has a cleaner who has become very friendly with him and also assists with cleaning the block of units. She has very little english however had a husband and is now divorced and now seems to be hanging around a lot - a bit too much according to the sons and daughters.
The father has denied anything is going on and she will not take anything however the family is scared she is putting things in her name using his address and may make a claim on the estate once he is dead (she is Phillipino and he is greek with poor english ).
Options to negate this as the sons and daughters currently are next of kin once he passes (noting 50% belonged to their mum which was passed to the father when she passed). The risk is if she does claim to be his "partner" she could claim up to 50%!!
Options to minimise risk:
1. Transfer properties into childrens name now - stamp duty $$ and father sees no reason to do this.
2. Register a mortgage on these properties above the value they are worth so children will have first priority in the event of claims from cleaner (difficult to prove money passing from children to father to justify a mortgage of $x). Father has no mortgage on these properties. Can the children claim monies for looking after mother and brother when sick or managing unit (ie $x for 20 years or would this be more like income).
3. Testamony Trust on death - same issue as normally passing over if the cleaner makes a claim.
4. Write formal letter to cleaner with our suspicions and get her to confirm she has no interest in father's estate.
5. Make a video with father confirming she has no right to estate and they are not dating.
I would value any opinions or additional thoughts on above to see if it is worthwhile approaching solicitor or is there nothing we can really do yet? The father still thinks there is no problem but as we have seen with other families they just leave all the mess behind for others to deal with!
Thanks
R