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How long can a house in NSW stay in a deceased estate? Father in law has left house in estate for 30+ years!?


Just wondering if my father in law (who is 67 years old) not taking ownership of the family home from his grandmothers estate (she died in 1973) could cause any legal problems in the future. I am not comfortable with the house not being owned outright by my father in law ... but he has a bit of a phobia about paperwork! Would appreciate any thoughts from people familiar with Australian (NSW) law since I am a New Zealander. Thanks.

Since the home was left to him, he is free to file a quit claim which will transfer ownership to whomever he chooses. A quit claim is similar to a purchase, but without exchange of money. All that is required is a copy of the will.

Speak with an attorney as they can draw up the paperwork and transfer ownership immediately. You will need to clear this up rather quickly. If your father in law passes, the home may go to the state and everyone loses out..........as the estate is unclaimed.

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