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Our brother died last month.. His common law spouse had him
Our brother died last month.. His common law spouse had him sign a will in the hospital after having a stroke.. He was not able to speak much at all. He was heavily medicated during that time. There w… read more
MichaelH925
MichaelH925
Associate Lawyer
Juris Doctor
337 satisfied customers
My sister who has lived and has worked in Canada for several
Hi Pearl.My sister who has lived and has worked in Canada for several years is a Canadian as well as American citizen. SHe is currently drafting her will in Canada where, again, she lives permanently. She is in a common-law relationship and would like her sisters living in the USA to be the beneficiaries of half her home, in case of death. What are the options in case her partner does not wish to buy her share or sell the home? Is there a way she can protect herself without having beneficiaries go through years of litigation, in case the common-in-law partner refuses or cannot buy her half of thehome OR, in case for all sorts of unknown reasons, he neither wants to or is not able to sell the home which they each own together? … read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
My 93 year old father is in a medium-care facility due to a
My 93 year old father is in a medium-care facility due to a fall and he is apparently at the top of the list to be transferred to a long care facility. Although he was not injured he was not able to get up and had been taken to hospital. They tell us at this facility he can no longer live on his own because he keeps falling - but he says he has not decided whether to go into a long-care facility or return home. So that is the first problem. He says he made out a Power of Attorney - but I was never served with it. He is not giving me much information about it, I think because he doesn't want me to exercise it to force him into a long-care facility. And he is of totally sound mind. But - the caregivers at the medium-term facility say he should not go home. My sister lives in the same vicinity and wishes to have a Power of Attorney over him. But she has stated openly that she wishes to use that Power of Attorney to legally sever his share of his principal residence which he now holds as tenants in common with me, so that she can sell it and collect the proceeds in the residual clause of his will when he passes, thereby thwarting his will and depriving me of what my father wishes to bequeath to me. (She already got her equal share in cash several years ago but since my half of the property has now appreciated she feels she should be entitled to more.) She is there and I am here in Toronto; I have a disability and am not even able to drive. My question is: if he insists on going home, can the staff there ask my sister to become a Power of Attorney for him? It seems I could lose half of my inheritance, if so. Is there anything I can do legally to protect my interests? Do I have the right to a copy of the Power of Attorney from my father's law firm? I do not even know if it is for personal care or for finances. Whatever you can tell me would be appreciated. Thanks … read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
My dad recently passed away at home and his death is
My dad recently passed away at home and his death is currently being investigated. I was the one who took him to all his chemo and radiation appointments. His wife never attended any and only visited … read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
My dad and myself along with two of my brothers are joint tenants on a deed
Hello, My dad and myself along with two of my brothers are joint tenants on a deed for a camp lot in New Brunswick. All of us along with two of my sisters have jointly built a seasonal camp on the pro… read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
I have lived with my common law spouse 30 years. Both
I have lived with my common law spouse for over 30 years. Both our names are ***** ***** title although originally it was purchased by my mother for myself and our children. I have always contributed … read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
Buying a first house while my wife is inheriting one.
I want to buy a house and planned to use my REER as a Home Buyers' Plan (HBP). I currently live in a house owned by my wife's father. He just passed away recently and my wife and her brother will inhe… read more
Law Maven
Law Maven
Lawyer and Law Instructor
LL.B. or J.D.
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My sister, who owns a principal residence in joint tenancy with my mot
My sister, who owns a principal residence in joint tenancy with my mother who is 95 years old and now resides in a nursing home, just recently indicated to me that she plans to sell the property and l… read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
Dear all, need advice in an estate planning matter: facts:
Dear all, need advice in an estate planning matter: facts: 1. parent´s home in Ottawa 2. Both spouses live in, but house registered only in mother´s name 3. She wants to organise the transfer of the h… read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
My mother (retired) put 35% down and bought a house in Ontario,
My mother (retired) put 35% down and bought a house in Ontario, I work and pay mortgage, utilities, tax…. for her. My father and sister are still alive. In the event my mother pass away, without a wil… read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
my father pasted away he remarried but she left about 10 years
my father pasted away he remarried but she left about 10 years ago she has no children with him he did not make will and they did not get a divorce the home they live in he still lived there is she en… read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
Our parents in their late 80s own a 5 acre property with a
Our parents in their late 80's own a 5 acre property with a house in the GTA. There are 6 siblings. There has been some communication breakdown with one of the siblings who now has his name on the pro… read more
Debra
Debra
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Doctoral Degree
85,512 satisfied customers
My other two brothers with children are trying to figure out
My other two brothers with children are trying to figure out how they can leave their 2/3s of the Pelee cottage to their children without going through probate. I thought perhaps setting up a trust wo… read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
2,044 satisfied customers
Is it a normal process for a lawyer to suggest the executor
Is it a normal process for a lawyer to suggest the executor the house and estate in his name, and why would this be done? The will leaves 2% off the top to the grandkids, whith the house being split b… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,755 satisfied customers
HELLO ALTHOUGH I AM JOINT OWNER OF PROPERTY..MY NAME IS NOT
HELLO XXXXX JOINT OWNER OF PROPERTY..MY NAME ISXXXXX HUSBAND TOLD ME THAT THIS IS DONE ELECTRONICALLY? IS THIS THE NEW WAY IN ONTARIO..IN HIS WILL HE STATES HIS PROPERY TO BE DIVIDED 4 WAYS???WHAT DOE… read more
Harv
Harv
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832 satisfied customers
My spouse left me and and our 3 children and has moved to another
My spouse left me and and our 3 children and has moved to another province where he is working & renting a condo. We have divided all assests equally, including property inside the home, except the ho… read more
Mitchell
Mitchell
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LL.B. (Bachelor of Laws)
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In a common law relationship, parties were previously married.
In a common law relationship, parties were previously married. Purchased a home together 6 months after cohabitation. Jointly owned debt associated with the home. Have been separated for 3 years. Alre… read more
Debra
Debra
Lawyer
Doctoral Degree
85,512 satisfied customers
My parents were both US citizens when my father build a home
My parents were both US citizens when my father build a home in canada, listing both their names on a deed in joint tenancy. They seperated and were not speaking. She agreed to sign over her interest … read more
Debra
Debra
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85,512 satisfied customers
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