Ask a Canada Law Question, Get an Answer ASAP!
I am sorry to hear of your loss and of this difficult situation.
How do you know that your mother meant that the four remaining children would share in the estate? For example, has she always treated all of you the same? What did the lawyer say about this or has this not be looked into with the lawyer yet?
Will all of you agree that the 4th child should be included or is someone going to oppose this?Have you told the lawyer about this error yet?
If you all four agree then you can redress this when you mother dies. Each of the other siblings can agree to give up a portion to your brother.
If one will not you will need to take this to court and the lawyer will have to testify. I don't know what the site is saying as I don't work for the site.
The lawyer should pay the costs. The estate would sue the lawyer if necessary. The brother could as well if the estate will not. This is not for the law society. They deal with misconduct. This is a potential lawsuit.
Yes you ask for an order for your costs. You will need an estate litigation lawyer.
You can contact the Law Society 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 free.
The number is:
1-***-***-**** or(###) ###-####(within the GTA)
There is no peer review unfortunately though that is a good idea!