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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114093
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My Stepather passed away in Mexico, where my mother and he

Customer Question

Hi. My Name is***** Stepather passed away in Mexico, where my mother and he were living, the past 6 years. He passed away Dec 30th 2015, leaving everything to my mother to make decisions, who gets what. My mother, passed away June 26, 2016. The executor of the will was he neighbor, in Mexico, who is also, Canadian. the two senior pesns in our family, on Mom's side, is my brother Gary, and Myself. I am 10 months younger than Gary. My daugher, Sara, my son, Cameron, Gary, and myself went to Mexico, in October 2016, to fullfill Moms last wish, which was done on October 13, 2016. The trip was paid by all of our own monies, I wasn't even thinking of the will. However, prior to going to Mexico, I was informed by my daughter, that Gay, was given their home(furnished), in Lake Chapala, Mexico and appr., 3 years ago, he got $30000.
JA: Family law varies by state. What state are you in?
Customer: the will was delivered to me, via registered mail, approx.1 week after returning from Mexico on the 15th of 2016, sent by the executor, here in Edmonton. It states, any gifts given prior to Mom's death are not to be a part of the will. My son also, received $10,000, appox., a year ago but my daughter, who has three children was NOT given, any monies, although, my son told his sister, My Mother was going to leave her the equivalent. However, she was given shadowboxes and my grandmothers and some of my mothers jewelery. I received nothing, as I am on methadone and disability. When I opened the will, I felt like a complete nothing to my mother. My brother is receiving approx $175,000, on top of the house in Mexico and the $30,000 he had already been given. She had just over 200,000. He Is To Receive 75% of all monies. I am to receive 5% approx. $10,000. there was no explanation and i dont understand, her reasoning. Especially, being hew has 1 adult child, and I have 2 and three grandchildren. I am widowed and have been since 1993. My brother just moved to Kamloops, B.C. from Edson, AB, to be with his girlfriend. I want to know, if I can contest t the will
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the monies will be released right away after taxes
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
10% of the 100%, will be going to My Stepfathers 2 adult children, making up the 25%, that my brother isnt getting. I was told his children also, received monies for down payments on each of their homes, several years ago. Again, I have never received anything, as everyone else, in our family, excluding 2 grandchildren, who are also receiving nothing. You can text me at(###) ###-####as my phone needs to be charged
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Was your mother mentally competent when she wrote the will?
Customer: replied 2 months ago.
she was She was eighty, died from lung cancer. My children saw her in March 2016 for their grandads last wish
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that the news on this would not be very good for you. If she died in Mexico and her will did not provide for you in the will, then the courts in Mexico are forced to honor the will as written. Contesting the will is possible but it will cost you paying an attorney in Mexico AND if the other heirs do not choose to settle with you to give you something, if the matter goes to court the court would be forced to honor the will as written, meaning you would get what the will said. So, absent hoping for a settlement with the other heirs, if they hold out, you would spend money on an attorney and the court could not change the will so you could get nothing at all.

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