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

Customer Question

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?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

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 1 year ago.

Sorry for the delay - apparently, I was having issues with my browser....it 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 $$?

Expert:  Legal Ease replied 1 year ago.
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.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86216
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.


Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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