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 Legal advise on my mom's house

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Mikeshashimi
post Feb 24 2015, 04:45 PM

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QUOTE(femgoo2005 @ Feb 24 2015, 10:24 AM)
Hi all,
I need some general advise from anyone with this experiece.

Just like any other mother, my mom is worried when she jalan already her son will argue over the house.
So she already made a will stating the percentage that will be divided to 3 son. I am the only daughter and i do not want any part of it because i hate complication and i am satisfied with what i have now. So back to my brothers. Eldest never in our lives care for the the family, 2nd brother sacrifice the most for my mom and care taker of the family, the last bro has yet learn how to be independant. The 'will' will be splitting (from eldest to the youngest) about 20-40-40% 3 of them. My mom intend to do video recording of her saying her reason of this arrangement too.
My mom concern is this. The eldest is a trouble maker, stingy and yet greedy.
1) Can he able to use legal to claim the whole house?
2) or Can he use legal to claim more of what's given to him?
3) Does the eldest wife has the right to claim part of the split by reasoning the use of a grandson?

If all the above is possible my mom mentioned to me to sell the house off and split them before she gone.
But because my 2 younger brother has yet to decide what to do, it has been delayed till today.

Any advise appreciated. So sorry for my english.
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Get a proper will done. It's not expensive. And can save a hell lot of squabbling and nonsense.

Better to sell and split cash, since they can do whatever they want with the money.

It's your mums decision, not theirs.

QUOTE(puchongite @ Feb 24 2015, 12:17 PM)
Can one make a will to pass on the property to someone unrelated, eg. a mistress, a boy friend or a girl friend ?
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Can. Unless under Shariah law, then Shariah law applies.
TSfemgoo2005
post Feb 24 2015, 04:47 PM

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QUOTE(otua @ Feb 24 2015, 12:10 PM)
why not put all under your name first
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No i don't want to have anything to do with the property and I hate dealing with complication within families.
TSfemgoo2005
post Feb 24 2015, 04:49 PM

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QUOTE(puchongite @ Feb 24 2015, 12:17 PM)
Can one make a will to pass on the property to someone unrelated, eg. a mistress, a boy friend or a girl friend ?
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Sorry I don't know, maybe you can open a post about your matter
TSfemgoo2005
post Feb 24 2015, 04:54 PM

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QUOTE(danieln @ Feb 24 2015, 02:01 PM)
what you need is a professional to do the will for you.

the idea to sell the house now may sound good but your next concern would be where your mum will stay after the house is sold ..etc.. unless you know when you mum is dying else there will never be a right time to do it. also not to forget the selling process also takes time to find a buyer and processing the sale.

what you can do when you engage a professional is that your mum can also consider to assign the house over to a reputable trustee upon her death. so the trustee company will be in charge to sell of the house and then divide the money according to her will.

but of course these trustee will charge for such service, but this will ensure the distribution will be done according to her will in a legal way.
*
Will already done few years back but need to check with my mom whether the will was done with the old garan or new ones.
I think before sell the house better find another temp house to stay first. Really dunno how or where should they begin, really needs time.
TSfemgoo2005
post Feb 24 2015, 04:55 PM

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QUOTE(xin @ Feb 24 2015, 01:07 PM)
if that is the case, sell the property and split the cash as per arranged to avoid hassle.
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Yeah, my mom intend to do that
TSfemgoo2005
post Feb 24 2015, 04:56 PM

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QUOTE(cherroy @ Feb 24 2015, 02:48 PM)
Video recording is never a proper way to do a will.

Need to do a proper through laywer or will and trust professional.

Any asset declared under the Will, will be distributed according as the Will written, nobody can challenge the Will, except the validity of the Will itself.

So 1) 2) and 3) the answer is no, if the will already stated the distribution proportion, or even if you mom decided not giving a single cent.

So do a proper Will is the key.
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Thank you
TSfemgoo2005
post Feb 24 2015, 04:58 PM

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QUOTE(JIUHWEI @ Feb 24 2015, 02:59 PM)
With a will, she can dictate who gets the whole house or 50:50 for 2nd and 3rd son.

Answers:
1. No he cannot challenge a will.
2. No he cannot. A will supersedes the Distribution Act. The Distribution Act will only be used for the assets of deceased with no written will.
3. No. Grandson or not, it is still your mother's decision to give or not to give.

Engage a Will Writter, they would be in the best position to help your grandma.

Hope this helps  smile.gif
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Thank you
TSfemgoo2005
post Feb 24 2015, 05:01 PM

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QUOTE(Mikeshashimi @ Feb 24 2015, 04:45 PM)
Get a proper will done. It's not expensive. And can save a hell lot of squabbling and nonsense.

Better to sell and split cash, since they can do whatever they want with the money.

It's your mums decision, not theirs.
s.
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Thank you
xin
post Feb 24 2015, 05:02 PM

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QUOTE(femgoo2005 @ Feb 24 2015, 04:55 PM)
Yeah, my mom intend to do that
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likewise do make sure your mum have a decent place to stay before deciding to sell it. All the best !
TSfemgoo2005
post Feb 24 2015, 05:09 PM

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QUOTE(xin @ Feb 24 2015, 05:02 PM)
likewise do make sure your mum have a decent place to stay before deciding to sell it. All the best !
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Thank you Xin ^^. And thank you everyone here for advise and support , really appreciate it.

This post has been edited by femgoo2005: Feb 24 2015, 05:09 PM
T231H
post Feb 24 2015, 08:49 PM

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QUOTE(puchongite @ Feb 24 2015, 12:17 PM)
Can one make a will to pass on the property to someone unrelated, eg. a mistress, a boy friend or a girl friend ?
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Q: What is a Will?
A: A Will is a declaration in a prescribed form of the intention of the person making it of the matters which he/she wishes to take effect after his/her death.

Q: I have a house under joint name with my husband. Can I will my half share in my house away to whoever I wish?
A: Yes, you can. The house will be held jointly between your beneficiary and your husband should you pass on one day.

http://www.rockwillsgroup.com/html/faq/fre...sked-questions/

hope that answered it.

This post has been edited by T231H: Feb 24 2015, 08:50 PM
babybaby1988
post Feb 24 2015, 11:53 PM

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1) No, a valid Will overrides his rights under distribution act unless such property is not covered under the Will
2) No . Even if your mom promise to give him say 30%, he still has not rights to the property if its not stated in the Will
3) No such thing even under distribution act

Appoint someone to be executor cum trustee of the Will. Could be you or anyone else. Find good standing individuals to witness the will.



weichong
post Feb 27 2015, 04:35 PM

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QUOTE(T231H @ Feb 24 2015, 08:49 PM)
Q: What is a Will?
A: A Will is a declaration in a prescribed form of the intention of the person making it of the matters which he/she wishes to take effect after his/her death.

Q: I have a house under joint name with my husband. Can I will my half share in my house away to whoever I wish?
A: Yes, you can. The house will be held jointly between your beneficiary and your husband should you pass on one day.

http://www.rockwillsgroup.com/html/faq/fre...sked-questions/

hope that answered it.
*
The thing to note is then when the house is split into 3 name,
one dont agree, you cant sell it
one decided to move in, you cant do anything about it
so, dont let it reach that stage.


And if i'm not wrong, if someone pass away without a will for non muslim,
50% goes to spouse
25% goes to parents(evenly distributed)
25% goes to the kids(evenly distributed, daughters included)


zhou.xingxing
post Feb 28 2015, 10:40 AM

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get a lawyer to split lo. split evenly in cash most likely. otherwise one party has to buy the rest of the portion. den argument starts whether it should be at market value of the date of disposal or date of will..
TBJ
post Feb 28 2015, 08:24 PM

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make a will with professionals like lawyer or rockwills. the will is final. your mom could appoint your 2nd bro as the administrator.
andrekua2
post Feb 28 2015, 08:44 PM

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Sell?

Why not refinance it? Your brothers and mom need a place to stay. If your mom prefer your 2nd bro to keep the house since she still need his care, then add your 2nd bro name and refinance the amount she think her eldest son deserved.

Kick the eldest son out and your brothers&mom could live peacefully while servicing a lower monthly repayment. If you sell and buy again, a huge chunk goes to agent as well as stringent requirements for housing loan.
swatz
post Mar 1 2015, 09:48 PM

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QUOTE(andrekua2 @ Feb 28 2015, 09:44 PM)
Sell?

Why not refinance it? Your brothers and mom need a place to stay. If your mom prefer your 2nd bro to keep the house since she still need his care, then add your 2nd bro name and refinance the amount she think her eldest son deserved.

Kick the eldest son out and your brothers&mom could live peacefully while servicing a lower monthly repayment. If you sell and buy again, a huge chunk goes to agent as well as stringent requirements for housing loan.
*
Can a refinance solve this scenario, ie include additional new owner and remove existing owner? Hope to clarify further notworthy.gif

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