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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Hope this isn't too and that you can give some guidance?

Customer Question

Hope this isn't too long and that you can give some guidance?
DECEASED HAD NO WILL – Date of Death December 28/15
FACTS:
1. Deceased’s Cousin was designated at the hospital as contact family member and the one who would make decisions on her behalf if it became necessary.
2. Cousin also arranged and paid for cremation and will pick up remains and Death Certificate.
3. Deceased had wanted to prepare a will but did not do so before she was sedated. Her doctor printed a legal will which her cousin and deceased’s close friend of over 40 years prepared according to what we knew her wishes to be. Her doctor indicated there may have been a chance for her to regain consiousness and be lucid enough to sign a will when her sedation was stopped. That did not happen and the will was not signed.
4. Deceased has one Estranged Sister and did not want her notified that she was sick, in hospital and dying and did not intend her sister to be included in her will. Sister has not been contacted. Deceased had no record of sister’s number. Cousin will try to obtain number from directory assistance. This has not been done as of this date January 4/16.
5. Deceased had one Niece who appears not to want to claim against the estate other than photographs or sentimental family items.
6. Deceased’s friend of over 40 years is assisting Cousin with gathering documents, clearing perishables from residence, winterizing mobile home and notifying friends. Both the Friend and Cousin were given keys for access by deceased.
7. Deceased owns a Mobile Home, Vehicle and has 2 bank accounts.
8. Deceased had been appointed executor and 50% beneficiary of the estate of a friend who died late October 2015. This process was not completed and the executorship was passed to the friends son. It appears that 50% of the friends estate will possibly still pass to the deceased.
QUESTIONS:
1. I am not an executor, administrator nor the closest living relative but as the closest person and cousin of the deceased is there anything I can or should do? Do I have any legal obligations to carry out?
2. If I make an application to the court to become the administrator of the estate (and how does that happen?), can the deceased’s wishes, as her friend and I know them, be carried out or will the estranged Sister be able to make a claim against the estate as the next of kin?
3. If the Niece changes her mind, will she be able to make a claim against the estate?
4. If the Sister and Niece do not want to claim against the estate, is there a release they need to sign?
Who attends to the following and would there be access to the Deceased’s bank funds?:
1. Cancelling Telephone
2. Cancelling Cell Phone
3. Paying car insurance
4. Paying home insurance
5. Paying credit card balance
6. Paying property taxes
7. Paying mobile home pad rental fee
8. Paying for maintenace of mobile home until sale of same
9. Preparation of taxes
10. Distribution of estate
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

The reason why you question has been sitting is no one can answer all these questions on one post.

Would you like for me to get started by taking the first question or would you like to continue to wait to see if anyone else is willing to answer all the questions on one post?

The way this would have to work is that I would answer your first question and any follow questions relating to the first question and then you would have to repost your second question. It is not fair to expect anyone to answer all of these questions on one post as we only get paid once per post.

Customer: replied 1 year ago.
No thanks. I will go to a lawyer and pay a consultation fee. I assume there will be no charge to me for this e-mail as I did not agree to receive an answer to the first question. Thanks for the clarification.
Expert:  Legal Ease replied 1 year ago.

It will be hard for you to get a consultation for several weeks because of the holidays.

I will answer the all for you. I feel badly. It is OK.

Should I go ahead?

Customer: replied 1 year ago.
Thanks for the offer but no thank you.
Happy New Year.
Expert:  Legal Ease replied 1 year ago.

OK

Same to you.

Take good care.

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