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Alice died intestate owning real estate in Alberta, Canada…

Customer Question
Alice died intestate owning real...
Alice died intestate owning real estate in Alberta, Canada which is now held by Alberta’s Office of the Public Trustee. Her heirs are the descendants of her two half siblings, Dick and Jane, both deceased.

Jane had 1 child--Barbara, who's still living. Dick's 3 children (Tom, Mike & Harry)all survived Alice; only Tom is still living. Barb & XXXXX XXXXXve in Nebr. Kids of Barb & tom,mike,harry reside in various US states.

Barbara and Tom, as well as Tom’s deceased brothers Mike and Harry, have/had offspring who are all alive today. They live in various states in the US.
Submitted: 8 years ago.Category: Canada Law
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6/20/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
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debra thal :

Do you want to add something before I answer? You said you wish you could write a longer question. It's OK to reply back to me now and complete what you want to ask and then I will respond.

I have a couple of questions as well.

Did Alice have a spouse at the time of her death or any parents? I assume she did not have children?

I don't understand about Mike and Harry. You say the survived Alice but that only Tom is still living?

When did Alice die?

Customer:

Alice died in 1958. She never had children; her husband died in 1918. When she was a child, her parents divorced. Her father married again & the two half siblings, Dick and Jane, were born. Jane only had one child, Barbara (my husband's mother). Dick had three sons: Tom, Mike and Harry. Tom is still living

Customer:

but his brothers Mike and Harry have died. Barbara, Tom, Mike, and Harry all had sons and daughters who are all still living. They live in various parts of the US.

Customer:

I want to know what the distribution will be of Alice's property--1/2 to Barbara, 1/6 to Tom, and Mike's kids split 1/6 and Harry's kids also split 1/6? I also want to know what laws govern and what the cites are so I can print them off and show them to my husband. I'm thinking a section of a treaty between Canada and the US that would dictate which country's laws to use. If it's Canada's law, which statute so I can run it off. Would the laws of the US states where Mike and Harry's sons/daughters live govern their distribution at all (supposing I'm correct and they are to receive their fathers' portions)?

Customer:

Thank you.

Customer:

Katherine Abernathy

Debra
Debra, Lawyer
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Lawyer: Debra, Lawyer replied 8 years ago
Unfortunately, by accepting you terminated the chat. But, we can now go up and back by posting instead.

Let me explain the law of intestacy to you.

Firstly, as she resided in Alberta and died there and her assets are there then the law of Alberta applies.

If she died in 1958 then the law that was the law in 1958 applies. I don't know what the law was back then. To find out the law you would need to sit down, face to face, with an experienced senior estate lawyer.

Generally, in an intestacy the assets all go to the spouse if there is a spouse. If there is a spouse and kids the assets go partly to the spouse and partly to the kids. If there is no spouse the kids divide up the estate. If there are no kids then it's the parents and if no parents it is the siblings who inherit in an intestacy.

As she never had kids and her spouse and parents died before her her two siblings would split the estate. If either one predeceased her than their portion would be split amongst their children.

Does that answer your question?

So based on your facts, (assuming she never had kids and her parents and spouse were dead), her estate should have been split between the two siblings. If they were dead when she died then their kids would inherit their parent's portion.
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