My mother passed away and her will state...

Asked by TheresaS on 13-03-2020 01:26:19
Question posted in the Property Law category relating to Western Cape
Question value: R 100.00

My mother passed away and her will stated her house must go to the three children. And my stepfather has usufruct rights. The problem came in with the late estates debt. In order to keep the house my stepfather paid the late estates debt as he inherited money from my mother. So the house was transferred into a trust with a clause that my stepfather loaned the money to us. And should he want that money back we must either give him the money which we don't have or we must sell the house to give him his money back. The first problem is that he now wants it back. My brothers does cannot afford a place, so they live there. He has usufruct and we were told that he is not only allowed to take his loan amount but the whole amount of the house. So we end up with completely nothing. Secondly the amount is R900 000. They told us the amount is payable immediately in full amount. So there is no option to pay him off monthly? What are our rights? And what steps can we take? Thank you

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