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My wifes uncle recently died. He was a resident of Ottawa…

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My wife's uncle recently died...

My wife's uncle recently died. He was a resident of Ottawa and there does not appear to be a will. He was never married and has no children. He has a brother in Burma and a sister in Florida. We would like to get his estate settled but we are not sure how to proceed.

Submitted: 12 years ago.Category: Canada Law

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11/22/2008

Lawyer: Flagbridge-CDN, Arbitrator replied 12 years ago

Flagbridge-CDN, Arbitrator

Category: Canada Law

Satisfied Customers: 4,618

Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate

Verified

I am sorry to hear of your loss.

Did he have a spouse?
Did he have any children?
Did he have a house?
Did he have significant assets?

Customer reply replied 12 years ago

no spouse, children or house.

He has significant assents in bank and retirement accounts. He was a government employee with a good salary and was on a canadian pension.

Lawyer: Flagbridge-CDN, Arbitrator replied 12 years ago

Hello,

The rules of INTESTATE SUCCESSION would apply

An application to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee Without a Will. That is Form 74.14

http://www.ontariocourtforms.on.ca/english/civil

If your Wife is the closest relative he has in Ontario, she may apply to be the Estate Trustee.

The Succession Law Reform Act, outlines how the assets are to be distributed.

As there are many assets, and heirs in different countries, you should secure the services of an Estate/Probate Lawyer to assist you.

1-900-565-4LRS will put you in contact with an Ontario lawyer for 30 minutes for $6, who you can then decide if you want to hire.

I hope that helps give you start. let me know if you need more information.

Customer reply replied 12 years ago

My wife's uncle has no relatives in canada. My wife and I are both in the US as well as her uncle's sister. His brother lives in Burma has alzheimer and we are unable to communicate with him.

How complicated is this going to be?

Lawyer: Flagbridge-CDN, Arbitrator replied 12 years ago

Its not going to complicate it, but just make it a little longer.

The court would appoint the Public Guardian and Trustee.

Not a big deal, it will just a little longer to settle everything.

An Ottawa based Solicitor will be able to help.

You will need to phone this number as the 900 number is XXXXX only in Ontario.
(NNN) NNN-NNNN

Customer reply replied 12 years ago

How do we get a Public Guardian and Trustee appointed?

Lawyer: Flagbridge-CDN, Arbitrator replied 12 years ago

As I mentioned above you need to either fill in form 74.14. or have a Ontario based lawyer do this for you.

You really should have a lawyer steer this through.

You can get one by call the 416 number I pointed above.

You can not properly manage this through the trustee's office while not present in Ontario.

Flagbridge-CDN, Arbitrator

Category: Canada Law

Satisfied Customers: 4,618

Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate

Verified

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