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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 163
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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My brother passed May 26/16. The only thing of value is s

Customer Question

My brother passed May 26/16. The only thing of value is his car. We have been advised that since he had no will we need a lawyer for we can settle the estate. He does have a wife who was legally separated from. He has no children. His wife stated she wants nothing from the sale of the car. We need to sell the car to pay his bills.. I am on of 4 siblings. My siblings and I do not have extra money to pay lawyers as we are a pensions. Can anyone help us?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Law Maven replied 5 months ago.

Hello – my name is***** am a lawyer in Ontario, and I’ll be pleased to help with your question today.

Expert:  Law Maven replied 5 months ago.

As long as you can fill out forms, you do not need a lawyer to do this. It can be a straight forward process as long as there is no dispute between the four of you and his wife. If you can give me a little bit of time to put together the best way of handling this, I will be right back to you.

Customer: replied 5 months ago.
I was adviced at service Canada that we need letter with their letter head from a lawyer office for us to be able to get the car in my name to be able to then sell the car.
Customer: replied 5 months ago.
Sorry I do not have any extra money at this time for a phone call.
Expert:  Law Maven replied 5 months ago.

Don't worry about the site offering a phone call ... Just Answer is based in the US and that service is not properly available for law questions here. In Canada the rules of the law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site, and I will do so shortly.

Expert:  Law Maven replied 5 months ago.

Here are a couple of different options for you to try. One option would be to take your brother's death certificate, the car, and the car's ownership papers to the dealership where you'd like to sell the vehicle, and ask them whether they can help you obtain the vehicle selling package that they would need. If it is a relatively large dealership, it is quite possibly not the first time they have had to deal with a similar situation. If they can manage things for you, then that'll be the easiest. On the other hand, if they say they can't do it without a certificate of appointment from the Court, then you still have other options.

There are several ways to get free legal services in Ontario. If all you need is a letter on Legal Letterhead, then I would suggest that you try a local legal clinic, some examples are:

The third possibility is through the Law Society's legal referral service. The lawyer they refer you to will provide up to half an hour service for free. If you start by telling them that Service Ontario told you that you needed a letter on Letterhead, and you bring all the information needed to do that letter including the Death Certificate for your brother, your ID, and the information on the car, it is quite likely that a lawyer would do the letter as part of that half hour service.

I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

Customer: replied 5 months ago.
I am not satisfied with this answer. Legal Aid does not do estates. You can check their web site.
I was charged $5.00 and then $57.00. I did not agree to the $57.00 I clicked for the free trail. I advised you I had now extra money for the phone call That did not mean I had extra for the $57.00. I did not agree to this. I would like my refund for the $57.00. Thank you very much.

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