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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85945
Experience:  Lawyer
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What type of paperwork do we need to take to a notetary to

Resolved Question:

What type of paperwork do we need to take to a notetary to get controle of estate from next of kin? Atm seperated husbamd has control.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal 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.

But, 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.

Thank you for requesting me.

Is there a Will?

Was there a separation agreement and if so what did it say about assets and the estate?

What type of assets are in the estate?

I will likely have some more questions once I hear the answer to these questions.
Customer: replied 10 months ago.

No will and no assets. Dad is willing to give it up as they have been separated for over 20yrs but they never got a divorce

Expert:  Legal Ease replied 10 months ago.
Give what up?

If there are no assets what is in the estate?
Customer: replied 10 months ago.

Give up control of estate. She has taxes and bank accounts that need to be delt with. There was a few hundred dollers in bank account. And we are still going threw old paperwork to see if there is anything else that needs to be delt with. And we are waiting to see about life insurance

Expert:  Legal Ease replied 10 months ago.
Is there enough money in the bank account to cover her taxes?
Customer: replied 10 months ago.

No she hasn't done them since 2006. And thete is debt. That will need to get paid for if life insurance goes though. It was only about $200. And she had a soleproprieter busness. With a gst account

Expert:  Legal Ease replied 10 months ago.
is the estate the beneficiary of the life insurance or is there a designated beneficiary?
Customer: replied 10 months ago.

Estate

Expert:  Legal Ease replied 10 months ago.
And will there be money left over after the taxes and debts are paid for?
Customer: replied 10 months ago.

Yes I think so. Insurance Is for 100000. She has 2 children. They want control of estate and dad wants them to have it

Expert:  Legal Ease replied 10 months ago.
Someone has to apply to administer the estate.

It can be both kids or one.

You can purchase a book that will tell you what to do and provide the forms such as this one:

http://www.self-counsel.com/bc-probate-kit.html

Or you can consult with a lawyer for some advice and then do the work yourself.

Or you can retain a lawyer.

You don't need a notary.

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.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85945
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you

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