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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Estate law Question: if my husband died intestate and some

Customer Question

Estate law Question: if my husband died intestate and some of the assets although in his name only were bought with our joint bank account monies, would I as his wife be entitled to buying the items out of the estate at an reduced value? EG: a utility trailer, bought recently for $3500.00 (paid for out of our joint account) is now valued at $3200.00 in the estate of my husband.
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.

Are their children to inherit as well?

How much is the estate worth approximately?
Customer: replied 1 year ago.

I am the second wife, there are two biological children and the estate is worth about $200 000.00 We are all administrators of the estate.


 

Expert:  Legal Ease replied 1 year ago.
When did your husband die?
Customer: replied 1 year ago.

Two months ago


 


 

Expert:  Legal Ease replied 1 year ago.
The site is having trouble staying online. I hope this goes through.

How long were you married for?

And do you have your own lawyer?

Has someone discussed your rights under family law with you?

Did you have a marriage contract?

Have you told the adminstrators about your contributions to the assets?
Customer: replied 1 year ago.

I am not enjoying the trouble this side is having, maybe you can phone me(NNN) NNN-NNNN I was married for 6 years, common law since 2003. no I dont have my own lawyer, no I do not know the rights under family law, there is no marriage contract/prenuptial etc. Yes I have told the children about my contributions to these assets, I do not know if they know what my position is because if I would like anything, they have said i should buy it out at the appraised value, less my 1/3rd


 

Expert:  Legal Ease replied 1 year ago.
I am not permitted to phone you.

You actually are entitled to the first $65,000 of the estate and then 1/3 of the remainder.

But that would not be the case if you were entitled to more under the Matrimonial Property Act.

And as you likely know common law spouses now have property rights so your relationship is considered to have been 10 years long for property division purposes.

You have to end up with at least half of the matrimonial property.

And just because an asset is not in your name doesn't mean it's not yours. So there are assets that you own that should not be considered part of the estate and a Court would see that.

So I don't think you should discuss anything with the children any more at this point but should see an estate lawyer face to face as soon as you can.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Let me know if you need any further clarification.

I an sorry for your loss.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX am not sure you understood my question, I have to talk to them as we are all administrators of the estate, I just want to know if it is fair that I buy the selected items that we paid for together while we were married at a reduced rate than the assessed value.

Expert:  Legal Ease replied 1 year ago.
I do understand the question. But I am not sure if you are being treated fairly.

As a lawyer I don't want to simply answer a question from someone who has not been provided with appropriate legal information.

I know you are all administrators.

But what I am saying is that it's not in all cases that you get your $65,000 and then 1/3 of the estate. You get more if you would have gotten more if you separated or divorced.

And some of those assets may not even entirely belong to the estate.

But if they do then you would only be able to buy them out at fair market value.

I just don't think you should just consider that issue but I do think you should see your own lawyer, if only briefly. You certainly don't have to tell anyone you are doing that.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87683
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you

Expert:  Legal Ease replied 1 year ago.
You are very welcome.

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