Login|Contact Us
Question and Answer

Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My Mother passed away after living common law for thirty years.

 
Debra Thal's Avatar
  • Answered by:Debra Thal
  • Lawyer
  • Positive Feedback: 98.3 %
  • Accepted Answers: 37527
Verified Expert
in Canada Law

Recent Feedback

Positive
Thank you for the clear and thorough answer to my question.
Positive
Your second reply was more comprehensive and answered my question fully. I am...
Positive
Type your review here...
Positive
Debra was prompt and thorough in answering both my initial and follow-up...
Positive
excellent information
Positive
The information was very helpful.
Positive
Seemed to cover the matter for now, thank you.
Positive
Quick and easy to understand answer

Customer Question

My Mother passed away after living common law for thirty years. Her common law and her lived in a home that was paid for. Are we entitled to anything? We have not been acknowledged since the passing, only asked to remove our Mothers personal belongings. Very hurtful after all this time.

 

Optional Information:
Province/Territory relating to question: Alberta

Already Tried:
Nothing

Submitted: 299 days and 14 hours ago.
Category: Canada Law
Value: CA$59
Status: CLOSED

Accepted Answer

Picture
Expert:  Debra Thal replied 299 days and 14 hours ago.


Debra Thal (username) :

I am sorry for your loss.

Debra Thal (username) :

Did your mother have a Will?

Debra Thal (username) :

Did they hold title to the house as joint tenants?

Customer : She had a will, only included personal possessions .
Customer : We aren't sure, however don't think her name was on the title.
Debra Thal (username) :

If her name was not on title then she has no interest in that house.

Common law spouses do not have property rights in Alberta.

So perhaps she has no assets aside from her personal belongings?

Did she have investments?

Customer : No assets, everything was in his name. He farmed and she stayed at home.
Customer : He old the farm and they moved to the city.
Customer : Sorry meant sold.
Debra Thal (username) :

So I think that's why there is nothing in the Will except that which relates to the personal belongings.

Debra Thal (username) :

It seems that he was the one who owned the assets.

Customer : So there is no entitlement then.
Debra Thal (username) :

If she has no estate except for her belongings then that's her whole estate.

Debra Thal (username) :

It seems like she had nothing as he kept it all in his name.

Customer : Thank you.
Debra Thal (username) :

I assume that was OK with her.

Debra Thal (username) :

I am sorry about that.

Customer : I don't think she realized that she would have nothing except her personal belongings. However if that is the case, then it certainly is something to be learned from. Especially after being together for thirty years. I think she ale
Customer : Always thought he would do the right thing. We are not his real children, he however has no children.
Debra Thal (username) :

But I think she did or her Will would have addressed her assets.

Debra Thal (username) :

But maybe he will do the right thing when he dies.

Debra Thal (username) :

You could be in his Will.

Debra Thal (username) :

It would seem to me that this is what he would do.

Debra Thal (username) :

He would have left his estate to her but if she dies first he likely will give it to you.

Debra Thal (username) :

But that would not mean he would do it now.

Debra Thal (username) :

It would be when he dies.

Debra Thal (username) :

Don't you think that may be what is going to happen?

Customer : Not so sure, he has distanced himself. No one is sure why.
Debra Thal (username) :

Maybe he is just so sad right now.

Debra Thal (username) :

He may become warmer again with time.

Customer : Whatever he decides will have to be fine. It just seems so hurtful.
Customer : Thankyou for your time.
Debra Thal (username) :

You are welcome.

Debra Thal (username) :

I am sorry this is such a hard and sad time for you.

Customer : Thanks
Debra Thal (username) :

If we are done please rate me before you go.

Debra Thal (username) :

Even though you paid the site I don't get paid unless you rate me postively.

Debra Thal (username) :

positively.

Debra Thal (username) :

Thanks

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37528
Answered: 6/29/2012

Experience: Lawyer

Ask this Expert a Question >
 
Tweet

3 Lawyers are Online Right Now

Ask Your Question Now
Canada Law Questions Date Submitted
NA-100 3/31/2013
My boy friend is muslim and already married with two kids. 3/6/2013
My husband willed a house he owned to his sister. She has always 3/1/2013
Corporation X hires Consultant A's services for the development/editing 2/14/2013
does being refused and banned for 2yrs during student visa application 2/13/2013
Hi my name is xxxxxxxx 1/28/2013
My wife and I have been the defendants in a civil case that 1/26/2013
Revenue Qc asked for proof of a daycare expenses I paid In 1/18/2013
I own my home. I currently have someone who is renting a room 12/16/2012
disown your daughter 11/30/2012
RSS
Next 10 >
Ask A Lawyer
Type Your Canada Law Question Here...
characters left:

Top Canada Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
239 Lawyers are Online Now
Type Your Canada Law Question Here...
characters left:
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan