Asset Protection on Parents property when divorced

[Tigger]

How does she get paid? Cash? Through an agency? Does she sign timesheets? Is there anything in writing about her services as a housecleaner? I'd be looking to put paperwork in place that shows she is there once a week to do housework. Heck even if it costs more, getting that paper trail would be valuable.

If she does not have a key, how does she get in? Someone is there to let her in? Any way to document that?

 

[TMNT]

Good points/advice above. I think the ideal solution in this scenario is:

Lock on the mailbox
Make sure she is only coming round once a week
Check she is not taking any pictures of them together
Get father to make a video or sign affidvait advising he is not in any kind of relationship with her (could do this every 6 months if it would add any value?)
Convince him to live with one of his children - this may be a while away!

Probably no point putting a mortgage or caveat on the property if father is getting notihing in value in return for the mortgage - this could likely be argued and challenged.....

Hi Terry - I had a look for some old cases but no luck... Usual story though weve all seen this before just trying to be proactive... Maybe nothing you can do and it will be all about disproving her claims if she does in fact make a claim on his estate down the track

wow, thats some solid advice,

this is going to ruffle a few feathers....like always but

seriously, I reckon just fire her, is it unfair? yes it is,
is it immoral? yes it probably is,

but we are talking about an entire husband and wifes lifetime of assets and possible inheritance for their kids

if you need to do half of ritchies suggestions, then personally I think its not worth the risk or being suspicious 24/7.

a cleaner should just come in a clean and do whatever they have to do without the owners having to lock mailboxes and take videos every 6 months,

plus im sure, an old man wouldnt want to do this at his age

 

[TMNT]

a question for terry,
hypothetically, if there was no relationship between the dad and the cleaner,

and teh cleaner decided to fwd all her mail to the house and collect it without him knowing or with knowing, and setting up a defacto circumstance, can the asset clean out be challenged or made void?? basically, the guy would be arguiung "ummmmm......we werent in a relationship whatsoever, this is news to me"

and what about if the guy was still married and was having a relationship on the side with her, and she did setup a defacto circumstance, can a defacto relationship be seen as legitimate if the guy was still married and even if the wife was living with him?

 

[ritchie77]

Thanks Terry, interesting reads.... A few extra points to look out for including establishing where she lives! May be hard to find this out... Could be included on her wage slip! Unfortunately, the older european father and the phillipino cleaner do not work with those logistics (ie cash only!).

The children have told him of their suspicions but he feels she is trustworthy... He is old and niave so may be a problem, or maybe the children are just too suspucious! But as we all know these things can turn very nasty very easily so always better to get things sorted first - prevention is the best cure and all that!!

 

[kathryn d]

Thanks Terry, interesting reads.... A few extra points to look out for including establishing where she lives! May be hard to find this out... Could be included on her wage slip! Unfortunately, the older european father and the phillipino cleaner do not work with those logistics (ie cash only!).

The children have told him of their suspicions but he feels she is trustworthy... He is old and niave so may be a problem, or maybe the children are just too suspucious! But as we all know these things can turn very nasty very easily so always better to get things sorted first - prevention is the best cure and all that!!

Maybe his children should have a sit down with the dad.
Explain that she may be ok...but the rules of the country are changing,and do not react 'logically'.....and basically he could be handing everything over to this woman, and there will be nothing his children will be able to do, to stop it.
Their mother, would not approve.

 

[ritchie77]

Thank you Kathryn, that would be the perfect solution and should be but just not sure this family can get to that!! They are trying that route but old man is being stubborn and sticking to his guns with the cleaner.... He is happy to sign any affidavit or will etc the danger is if she puts a claim in as his defacto and takes the lions share!

Exactly what others have said, a life's worth of assets built up by two hard working people could skip the children and go to someone he has known for 5 minutes!

 

[Mr. Fabulous]

https://www.youtube.com/watch?v=j5xCOF65ols

 

[Terry_w]

a question for terry,
hypothetically, if there was no relationship between the dad and the cleaner,

and teh cleaner decided to fwd all her mail to the house and collect it without him knowing or with knowing, and setting up a defacto circumstance, can the asset clean out be challenged or made void?? basically, the guy would be arguiung "ummmmm......we werent in a relationship whatsoever, this is news to me"

and what about if the guy was still married and was having a relationship on the side with her, and she did setup a defacto circumstance, can a defacto relationship be seen as legitimate if the guy was still married and even if the wife was living with him?

An 'eligible person' can make a claim in NSW if they have been left out of a will. eligible person includes currect and former spouse (including defacto) and also soming living in a close personal relationship with the deceased. This will need to be proven in court. So she could set herself up so that she looks like a spouse or in a close relationship.

NSW Succession Act also takes into account a person may have 2 or more spouses at the same time - e.g. a wife and a mistress or separated but not divorced plus a new spouse.

This is why it is important to finanlise divorces.

 

[Terry_w]

Thank you Kathryn, that would be the perfect solution and should be but just not sure this family can get to that!! They are trying that route but old man is being stubborn and sticking to his guns with the cleaner.... He is happy to sign any affidavit or will etc the danger is if she puts a claim in as his defacto and takes the lions share!

Exactly what others have said, a life's worth of assets built up by two hard working people could skip the children and go to someone he has known for 5 minutes!

Maybe you are thinking too much into this?

 

[kathryn d]

Thank you Kathryn, that would be the perfect solution and should be but just not sure this family can get to that!! They are trying that route but old man is being stubborn and sticking to his guns with the cleaner.... He is happy to sign any affidavit or will etc the danger is if she puts a claim in as his defacto and takes the lions share!

Exactly what others have said, a life's worth of assets built up by two hard working people could skip the children and go to someone he has known for 5 minutes!

That is why I detest defacto relationships being considered the same as married.
There should be no reason children need to be fearful of a cleaning lady (for example)


However, there are many here you do not share my opinion on defacto.
It you want the same privileges as marriage...you should have put a ring on it.

 

[kathryn d]

Maybe you are thinking too much into this?

Spoken like a true lawyer....the only winners in these situations..no matter who loses.

 

[Mr. Fabulous]

Maybe you are thinking too much into this?

He's worried he's gonna lose his inheritance to a hoochie.

 

[ritchie77]

Lets just hope shes not too good of a cleaner and cleans everything up one day

 

[S.T]

If shes getting paid cash in hand, report her to the ATO!

 

[lizzie]

Many years ago, my ex-bro in law decided to bring his new Filipino girlfriend into the country - to flaunt her to all his old mates and in front of my sister.

Then when he went to fly her home - she refused to get on the plane unless he paid her a substantial sum of money. He did and never saw her again.

Not saying that there aren't gold digging, system working women in Australia ... but when bought up in poverty and a gold carrot is dangled in front of them, the Filipino women can be pretty crafty.

Personally I'd fire her and organise either you own cleaner - or the family to do the cleaning on a roster

 

[nomadic]

Exactly what others have said, a life's worth of assets built up by two hard working people could skip the children and go to someone he has known for 5 minutes!

I think you're exaggerating a bit. If this cleaner can lay claim to any of his assets then clearly the law allows for this which means it's legal for her to do so and I don't see a problem. I'm sure it would be made illegal if the legislators thought it wasn't fair.

Not saying that there aren't gold digging, system working women in Australia ... but when bought up in poverty and a gold carrot is dangled in front of them, the Filipino women can be pretty crafty.

I'm not racist either but Thai women are the craftiest you'll ever meet, they're way ahead of the God fearing Filipino women.