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7/18/2011
VerifiedIs your brother a minor?
Was the house left to him specifically?
If he is a minor who is his guardian?
And if he is a minor then are the two of you the Trustees of he trust for him?
Do you have an estate lawyer?
When did your mother die?
Did she give you and/or your sister a life interest in the house?
Was the house left to him specifically?
If he is a minor who is his guardian?
And if he is a minor then are the two of you the Trustees of he trust for him?
Do you have an estate lawyer?
When did your mother die?
Did she give you and/or your sister a life interest in the house?
This is going to be a problem.
Your mother should have done this in her Will.
It's not so clear that you can do this now.
The problem is that if your brother himself is a beneficiary and the money was not to go in Trust he can lose his ODSP.
Keeping the estate on title is not necessarily going to work.
I am glad you have an estate lawyer but it's very important that your lawyer understand about your brother's benefits.
If she does not I suggest that you immediately consult with a lawyer who is experienced is disability law.
In terms of your initial question, it's not clear that the bank will give a mortgage under these terms but it's possible because the mortgage is small and supposed to be short term.
But it's also not clear that the estate can buy another house. It's not likely the Will allows for this. It's more likely that the Will provides for the house to be maintained or sold.
These are issues that must be discussed with your lawyer who should know the answers.
The issue about Jonathan's disability benefits needs to be addressed at once as he is at risk for losing his benefits at this point.
Let me know if that's not clear enough.
Your mother should have done this in her Will.
It's not so clear that you can do this now.
The problem is that if your brother himself is a beneficiary and the money was not to go in Trust he can lose his ODSP.
Keeping the estate on title is not necessarily going to work.
I am glad you have an estate lawyer but it's very important that your lawyer understand about your brother's benefits.
If she does not I suggest that you immediately consult with a lawyer who is experienced is disability law.
In terms of your initial question, it's not clear that the bank will give a mortgage under these terms but it's possible because the mortgage is small and supposed to be short term.
But it's also not clear that the estate can buy another house. It's not likely the Will allows for this. It's more likely that the Will provides for the house to be maintained or sold.
These are issues that must be discussed with your lawyer who should know the answers.
The issue about Jonathan's disability benefits needs to be addressed at once as he is at risk for losing his benefits at this point.
Let me know if that's not clear enough.
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