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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96418
Experience:  Lawyer
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My father died with out a will in January 2012. 3 months

Customer Question

My father died with out a will in January 2012. 3 months prior to his death he discussed a will and the distribution of his assets with me and he and my step mother asked my husband to be the executor of his will, my father died before things were done. We didn't pursue anything legally with my stepmother as she had cancer and she had already survived liver chirossis once and was drinking heavy again. My stepmother passed away in September 2014 and we only learned about this in January 2015. Obviously she left a will giving everything to my step sister. I contacted this step sister and requested my fathers personal belongings, my hope was to distribute them as per his wishes, she told me there weren't any left, her mother sold everything, which I find hard to believe. Do I have any legal recourse?.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

When your father died without a will, were there any assets in his name alone?

Customer: replied 1 year ago.
No
Expert:  Legal Ease replied 1 year ago.

So are you saying the only things that were left that were not at least partly owned by the stepmother were some of his personal effects?

What type of belongings are you asking about exactly?

Customer: replied 1 year ago.
my dad and stepmother had everything in joint name because they had no will. The only things that my father would have owned are his gun collection, his jewelry, his personal belongings.
Expert:  Legal Ease replied 1 year ago.

So unfortunately you don't have a legal right to those belongings because your stepmother would own them once he died.

So you cannot compel your step-sister do give you these articles even if she does have them.

But you may be able to scare her into doing so by having a lawyer send her a letter threatening a lawsuit. While you cannot sue her successfully to avoid a lawsuit she may give you what she has.

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