on line lawyer needed
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| 1 | does anyone know of a lawyer, prefer chch that will deal with matters online, as i cant personally go. morgage now paid and need to have it discharged from bank and transferred into kids name. prob another will done even though sometimes waste time. bank said the discharge will cost $2,000 approx i thought would be cheaper than that. Edited by otagogirl3 at 2:58 pm, Fri 30 Apr otagogirl3 - 2021-04-30 14:50:00 |
| 2 | Can't help in ChCh however Jessie Foley is great and does all my overseas clients so well used to online. 021881771 or jfoley@renniecox.co.nz Hope this helps jeffqv - 2021-04-30 16:24:00 |
| 3 | otagogirl3 wrote:
More information required but possibly the spouse has a claim under the RPA. Who owns the house? johnston - 2021-04-30 19:22:00 |
| 4 | Transferring the property to your children won't protect against a claim. You should rethink trying to do everything online. Even if you cannot visit a solicitor the solicitor can visit you. johnston - 2021-04-30 19:39:00 |
| 5 | johnston wrote: whats RPA...i had the morgage under my name i have paid it off bank said have to get lawyer to discharge the morgage, i want to put it straight into kids names so they will be first legal owners i would have thought and no one could touch it. otagogirl3 - 2021-04-30 21:05:00 |
| 6 | otagogirl3 wrote:
Your children won't be the first legal owners. Who owns the property now? RPA is the Relationship Property Act. Transferring a property to avoid a claim does not assist. If it did it would defeat the purpose of the Act. johnston - 2021-04-30 21:45:00 |
| 7 | johnston wrote: i bought this property 2.5 years ago i got the morgage, i paid it off was small morgage myself and youngest kids live here. lets say im getting my affairs in order so kids are protected when im not here, i was told to get the morgage discharged otherwise when im not here there could be claims, and kids homeless and easierto put in kids name and not mine, hence urgency to find lawyer, this is not martial home husband has that, been seperated for years no contact i wanted to know as we are not divorced does everything go to him when im not around otagogirl3 - 2021-04-30 23:22:00 |
| 8 | jeffqv wrote: thanks for that will email them otagogirl3 - 2021-04-30 23:40:00 |
| 9 | otagogirl3 wrote: Edited by ash4561 at 12:34 am, Sat 1 May ash4561 - 2021-05-01 00:26:00 |
| 10 | ash4561 wrote: so would it be better not to discharge the morgage now leave it with bank, just get a new will done and let them deal with it when im gone. the morgage acc is closed but i still bank with that bank. just wanted everything set in place so kids didnt need to worry. doing my cremation plans damn sight easier and quicker than this discharging this morgage stuff. thanks for your input otagogirl3 - 2021-05-01 00:54:00 |
| 11 | otagogirl3 wrote:
That part is looking more promising. What happens if you transfer the title to your children and one of them has a relationship or creditor claim? At a mimimum you need an ORA. Otherwise you might see the property having to be sold and you homeless and broke. I cannot see the mortgage being problematic whatever happens. You need good legal advice. Don't skimp here. Edited by johnston at 1:51 am, Sat 1 May johnston - 2021-05-01 01:46:00 |
| 12 | 'mortgage discharged otherwise ... there could be claims'. Get proper advice as that does not make sense. Also, M.S.D. will be interested if you apply for a rest home subsidy at some stage. amasser - 2021-05-01 08:38:00 |
| 13 | amasser wrote:
Correct. There's much more here to consider than merely instructing an online solictor. johnston - 2021-05-01 09:48:00 |
| 14 | amasser wrote: wow the bank led me to believe this was straight forward when i made the last payment i rang them and asked what do i do now is there paper work to sign or what, i had never been morgage free before so didnt know the procedures. cant remember exact terms they used but something like as they no longer interested party i need lawyer to discharge the morgage from them into my name and will cost about $2,000. i remember making a comment typical blardy lawyers got have their fingers in every pie. i had thought might been straight forward between bank and i. i will not be going in a home i will stay at home until the end. i do remember the last will was made in 2004 when already seperated and me and kids living in auckland but no house involved otagogirl3 - 2021-05-01 10:00:00 |
| 15 | otagogirl3 wrote: when the 2nd person at the bank talked to me when i told them i want to put house in kids name and make sure they get my collections etc thats when suggestions were made to me to protect whats rightfully the kids. i had always been worried as im still legally married the kids father could get it all and ive asked for divorce but no agreement, might look into getting one online pay it myself otagogirl3 - 2021-05-01 10:22:00 |
| 16 | otagogirl3 wrote:
You should not take legal advise from a banker. To transfer to the children the mortgage would have to discharged. That is simple. What happens if one of the children has a relationship or creditor claim? The house might have to be sold and you homeless. Why this obession with online? Edited by johnston at 11:27 am, Sat 1 May johnston - 2021-05-01 11:26:00 |
| 17 | I’m wondering if Citizens Advice might be able to help you? Perhaps give them a call on Monday and explain your situation. lovelurking - 2021-05-01 11:36:00 |
| 18 | johnston wrote: because of my health and disabilities never leave the house unless going back into hospital by ambulance. im selilng everything i own now the kids wont need while i still can to put the money on their student loans and put money aside for their futures, im trying to set them up for future morgage free home and student loans paid no debt they are my one and only priority otagogirl3 - 2021-05-01 12:20:00 |
| 19 | lovelurking wrote: thank you for your kind words. all i want to do is leave a morgage free home for the kids and selling everything i own kids wont need to pay off as much their student loans i can etc while i can its a good start for them to not have debt and have to worry about secure housing otagogirl3 - 2021-05-01 12:25:00 |
| 20 | otagogirl3 wrote:
Yes, but what is to stop a partner or creditor of a child forcing a sale and leaving you homeless? johnston - 2021-05-01 13:36:00 |
| 21 | johnston wrote: yes i understand that now and im grateful to you for pointing that out. please clarify whats the best thing to do discharge the morgage into my name and make a updated will. from what i understand now is either my husband can claim or future partners of my kids dunno seems no matter what i do i cant protect my kids inheritance from both their father or future partners. would a family trust be the better way tp protect everything dont know ins and outs of them otagogirl3 - 2021-05-01 14:12:00 |
| 22 | isn't there a limit on the amount you can gift in a year ?. pettal - 2021-05-01 14:43:00 |
| 23 | This message was deleted. kiwilandchch - 2021-05-01 15:03:00 |
| 24 | otagogirl3 wrote:
I think you misunderstand the significance of the mortgage. Put that to one side for the time being. Just understand the mortagge offers no protection. First, get a new Will. The rest is difficult is to advise without more information. One possible solution is to transfer the house to a trust. The house is no longer yours but not the children's either. That better protects their inheritance which is what I believe you are trying to achieve. There is more to this and an annual cost but it's a genuine option worth further investigation. Your children should have Wills. This will protect their inheritance and assets from their father. Edited by johnston at 3:44 pm, Sat 1 May johnston - 2021-05-01 15:43:00 |
| 25 | pettal wrote:
Yes in terms of residential care subsidy but you can gift as much as you like. johnston - 2021-05-01 15:46:00 |
| 26 | johnston wrote:
Highlighting this, just in case the OP missed it. thumbs647 - 2021-05-01 15:48:00 |
| 27 | Get legal advice, get a new Will and I'm surprised no one else has suggested start divorce proceedings immediately. oakcottage - 2021-05-01 16:20:00 |
| 28 | oakcottage wrote:
Sounds like good advice . lovelurking - 2021-05-01 16:31:00 |
| 29 | johnston wrote: what more type information is needed. ok will sort a new will, thought they can be waste time as family can contest it anyway but guess better than no will which could then be free for all. never thought kids would need wills at the moment, for 2 of them im their decision maker as they have such high needs. re a trust does that mean a lawyer over sees it. next job finding damn good lawyer in chch pity you didnt live here so could recommend one. appreciate your advice otagogirl3 - 2021-05-01 17:12:00 |
| 30 | otagogirl3 wrote:
I am sure there are any number of empathetic local solicitors who will visit you. From here on it is mostly personal information required. He or she will gently probe and ask all the tough questions. In my opinion an online transaction might not capture the entire picture nor your actual wishes. Edited by johnston at 6:17 pm, Sat 1 May johnston - 2021-05-01 18:16:00 |
| 31 | When the mortgage is paid off you can discharge it as there is no reason for it to be on the property as you do not owe the bank any money that has the mortgage on the property. I do not see how any claims can be made by leaving it there owing no money to the bank. I think its a few hundred dollars to discharge it. I think the bank saying a couple of thousand was transferring a property to the children similar to a sales and purchase with a discharge of a mortgage. This is not the banks line of work or for them to give a quote it was a guess. Online conveyancing prices say less than $2000 but also say plus disenbursments and plus gst so need to ask what any extra costs could be. A reason for not getting the mortgage discharged is it you want to take another mortgage out on the house the paper work is still sitting there to do that if you need money. I do not think it matters if you discharge the mortgage or not can just leave it for now. ash4561 - 2021-05-01 18:54:00 |
| 32 | A will should cover your needs. Family can contest it so it is important to provide for all children as if you do not provide or one they could be successful in contesting it. The will should cover your husband not getting anything as it has been made after you have separated this is what you want to achieve and he shouldn't be able to contest it and get anything. Other than the property list everything you own and think about who you want to leave anything to in your will. Think about who you think could be executors of your will. I would not have lawyers myself. I would not put the house in a trust costly and likely better ways to achieve things. Keep the property in your name not transfer to children as you can protect it for them. If you enter a new relationship and you do not want that partner to have any of the house you do a contracting out of the property relationships act agreement. ash4561 - 2021-05-01 19:05:00 |
| 33 | www.propertytransferoffice.co.nz has conveyancing fees and lists discharging a paid mortgage at $175 plus gst plus disbursements which are office and phone copying and a fee to linz $80 you would ask them for the likely cost of disbursements might change with what bank you are with or if yours takes a bit longer. You can phone them free or ask someone else at the bank about advantages or disadvantages of discharging the mortgage as well but id just leave this for now and work on the will. As far as a good lawyer its one that you get along with and can understand or they understand what you want so maybe ask people you know and if you don't like them choose another. ash4561 - 2021-05-01 19:26:00 |
| 34 | ash4561 wrote: thanks very much for your advice as well appreciate it. yes do understand will most important and as someone else pointed out a divorce too even though ive asked before but will just do it myself. im selling everything i own on trade me and privately the kids dont want as easier than them doing it when im not around. putting it on the kids student loans and stuff they want they dont have money for... so will, divorce and cremation to be sorted as priorities as of monday. thanks otagogirl3 - 2021-05-01 20:04:00 |
| 35 | Some lawyers will come to your home and sort this out for you. We had a sick family member and the family lawyer went to their home and did all the necessary paperwork. Worked out well for all concerned. So first get your will sorted out, then the divorce and go from there. strathview - 2021-05-01 20:30:00 |
| 36 | Canterbury Community Law 03 366 6870 give free advice if you are on a low income probably over the phone. They do not prepare wills for you but can check if what you have read here is correct and can answer your questions such as if you do the will do you need to bother with the divorce and check on things like what the difference is by discharging the mortgage. This should take the time and cost down required with the lawyer you are paying if you know more and just need to check with them. I think the kids getting a house will be enough they only need to pay the student loans when they are earning enough I wouldn't put money towards that yet. Also talk to citizens advice, in towns usually without a community law center they sometimes have free 10 minute lawyers appointments. ash4561 - 2021-05-01 20:57:00 |
| 37 | Your legal spouse of 27 years, that you are seperated from has an entitlement under the RPA. You don't need to discharge the mortgage, the cost is around $350 all up if you do. To get a dissolution of marriage , property matters have to have been finalized. Unless you ex husband agrees to a joint application and you have to do a sole application, then that is costly and time consuming. You appear unwell? If you need residential care you can't deprive yourself of your assets as you will need to pay for your care. You do need to urgently make a will, however you maybe required to provide a medical certificate from your doctor with regards to capacity. A lawyer will come out to your home, some don't charge, some do. If you have grey power in your area, they will know who the free lawyers are. If not already done, you need powers of attorney as well. gabbysnana - 2021-05-01 21:05:00 |
| 38 | OP just wanted to say I'm sorry for what you are going through, my heart goes out to you and as a Mum, completely understand you trying to secure your kids future. Please phone around and arrange a lawyer to come and see you, I'm sure the face-to-face meeting will be far more beneficial than trying to be online, and well worth the monetary investment in terms of pay off for your kids. Meeting someone face to face will allow them to question you so that they can then ensure they give you the best possible advise and suggest the best way to handle things; online it would likely more being a situation where you tell them what you want done, but you don't know, what you don't know or what you haven't considered etc (eg as Johnstson pointed out, claims by their future partners). desi1969 - 2021-05-01 21:18:00 |
| 39 | gabbysnana wrote: really he better not dare that makes me mad he has 3 properties and way better of than me. i have bought up my babies x5 on my own no family no him for over 15 years and some high needs. he does not see them or support them. i wont allow him to take away all my hard work ive done to set them up....nothing wrong with me except physical otherwise would not be able to do what im doing on daily basis for the kids. grey power im in my late 50s not retired. i will not go into residential care ever no matter what will be at home. otagogirl3 - 2021-05-01 22:58:00 |
| 40 | thank you everyone appreciate all the input. my daughter has put this thread in some file so can read through it all throughly and starting monday when i can get access to a phone will start putting these things in place incl finding a lawyer otagogirl3 - 2021-05-01 23:04:00 |
| 41 | ash4561 wrote: yes i agree with you about student loans, but to me debt is debt and i hate it like poison. i cant stand the thought of owing money.. for me dont do credit cards, hire purchase etc. morgage when i had it bad enough, ive taught my kids if you want something save or sell something you have. not that my eldest has always listened otagogirl3 - 2021-05-01 23:20:00 |
| 42 | gabbysnana wrote:
Wow. Lots of wrong advice here. To dissolve your marriage you need to have been separated for 2 years. That’s all. It’s easy and cheap to do yourself or jointly with him. Even if property wasn’t formally resolved when you separated, your ex is well out of time to make a claim and would almost certainly not be allowed to if he asked the court to let him. You don’t need a “certificate “ of capacity just because you have disabilities. If your latest will excluded your ex then don’t worry about him. A lawyer will visit you, and that’s money worth spending. Just putting the house into the kids’ names is very unlikely to be the best solution. Edited by nic48 at 3:28 pm, Sun 2 May nic48 - 2021-05-02 15:27:00 |
