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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7514
Experience:  with over 15 years experience.
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Hi My daughter has been with this guy for 20 years but has

Resolved Question:

Hi
My daughter has been with this guy for 20 years but has not lived with him she only stayed with him at his house on the weekends. He became ill and my daughter helped him with a lot hospital appointments ecetra meals. He passed away this September 2013 from complication with his heart and diabetes. Now his family is selling his estate which include his 5 cars belongings and his house . My daughter has had an operation in Ocober of 2013 for stage 2 colon cancer. Now I am sure that taking care of him she did not take care of herself should we ask his family for money to help my daughter and is she intitled to some money from the estate?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

What province is your daughter living in?
Customer: replied 1 year ago.


Ontario

Expert:  Law.Hut replied 1 year ago.
She would not have any automatic claim against the estate. Ontario law does not allow common law spouses to gain property rights automatically- it is not the same as with a legal marriage. There also are no automatic entitlements to inherit property of a common law spouse.

But she could make a claim against the estate. There are two possible grounds to do so. Sh can claim that she was financially dependent on the deceased at the time of his death and has not been adequately provided for by his estate. She can also claim that she made contributions to the benefit of the estate by her labour and has not been fairly compensated for those contributions.

She could contact the executors and raise these issues to see if hey are willing to make some settlement with her. But it they are not willing to come to a fair agreement (or if she wants advice on what a fair agreement might be) then she should speak with a lawyer that is familiar with estate litigation, family law, or civil litigation. We cannot give referrals to lawyers here die to site policies, but the Law Society of Upper Canada has information at their website a out their free referral program.


If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7514
Experience: with over 15 years experience.
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