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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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My husbands father passed away in February. He did not have

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My husbands father passed away in February. He did not have a will, nor did he have any insurance or benefits of any kind. He was recieving old age security checks, and previous to that he was on Ontario Disability benefits for 10+ years.

He did not own anything, and what he did own (an old pickup truck, tractor, assorted tools and furniture) we had to sell to pay for his funeral.

He has no spouse (deceased 36 years ago) and there are 3 surviving children - including my husband.

Also - do we need this to file his final income tax? We found all of his previous tax information, and he owes nothing. Can we just do this ourselves and not have to go through the additional stress?

If all 3 surviving children agree to split whatever is left amongst themselves (about $1200 left after funeral is paid) - do we have to file become an estate administrator?
Thank you for your question.

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I am sorry for your loss.

There is no estate so there is no reason to apply to administer the estate.

You can file a return for your father but truthfully none of you are required to do so as no one is agreeing to administer the estate.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Sorry for the delay - apparently, I was having issues with my wasn't letting me reply or rate your original answer!


Just one more quick thing - if we do decide to file his taxes ( as we would feel guilty not filing them) can my husband just put his name on it as the representation?


I would assume he would get a small amount back...which would probably be direct deposit into his bank account - now - the bank has agreed to release some money from his account payable to the funeral home, but how do we get the remaining money out to divide up? Do we need that piece of paper stating we are the administrator of estate to close that account and take out the remaining $$?

If the bank can be shown that you are next of kin and any other relatives agree to sign off how the bank wishes they bank will likely release the funds.

Your husband can sign as next of kin.

He's not actually the administrator unless he applies to Court and he's not going to do that.

So this is the best the CRA can get.
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