I’m Dying to Leave

Hi Scott,

My sister was unfortunately diagnosed with a terminal illness three years ago – added to that, she now wants out of her marriage. Suffice to say it is not a healthy environment for her to be in. Her three children are all at university and have part-time jobs, but my sister (who was a nurse) really can’t do much anymore. She would leave her husband but is worried that he would string out selling the house for 12 months, and she wants to travel while she can. She has a lot of superannuation but has been told she can’t access it until she has 24 months to live. Seriously, how does anyone know this without a crystal ball? What can she do to get some of her super, as it is her money?

Nicola

Hi Nicola,

What a heartbreaking situation.

Your sister is battling a life-threatening illness, a divorce and financial issues, all at the same time.

For her the clock is ticking, and she understandably wants to get out and live while she still can.

So you should encourage her to see a family lawyer immediately. You could go along to the meeting with her, and consider offering to be her Enduring Power of Attorney (POA). That way you can deal with the boring details while she gets on with living her best life.

She should also consider updating her will to bypass her husband, if she chooses to leave him. It’s usually a 12-month journey to get a divorce, but the property settlement can be done at any time. Again, see a lawyer: they can provide advice, while you can provide love and support to see her through.

Good luck.

Scott.