My son passed away 4 weeks ago after a lengthy and painful…

Question

My son passed away 4 weeks ago after a lengthy and painful struggle with cancer.
Myself and his siblings were there thru the entire time. Additionally, I
supported him both physically and financially. The beginning of this year, he
became very destructive around the home,threatening to burn the house down, blow
his brains out with a riffle he had in the garage. Long story short, the RCMP
came and removed the weapon and took him to hospital. When he returned he said I
was no longer his mother and he would make my life a living hell until the day I
died. Despite attempts to reconnect with him , he requested that no one was to
let us know about his health. He did not want us to know and did not want to see
us. A few months ago, he meet a lady at yoga, whom befriended him. She was given
POA form health decision and made will shortly before his death naming her as
joint executrix of his estate. To this point she has not contacted me. I
requested a copy of Death Certificate, I would like to see the will. And
apparently he wrote letters to the family, which I would also like..amongst
other things. Any thing not bequeathed in the will I would like. He has a very
small estate, with a few minor possessions. We never saw the body, were invited
by a  friends to attend the memorial, etc. What are my legal rights?

Debra · Accepted Answer

Debra Thal (username) :

I am sorry for your tragic loss.

Debra Thal (username) :

Was your son an adult when he died?

Debra Thal (username) :

Was he mentally competent to make a Will do you think?

Customer:

He was 33 years old, I feel he was not competent as he cut so many he loved out
of his life this last year.

Debra Thal (username) :

It does sound like that to me as well.

Debra Thal (username) :

In any event if there was no spouse you are next of kin if the Will is not valid
and so it seems to me that you may need to consult with an estate lawyer
yourself.

Customer:

So how can I get access to the will etc.

Debra Thal (username) :

What province is this?

Customer:

BC

Customer:

the will was done with a lawyer just shorthly before he passed

Debra Thal (username) :

In BC you will get a copy of the Will whether you are a beneficiary or not. The
law requires that any one who would inherit if there was an intestacy (no Will)
must be provided a copy if the Will is to be probated.

Customer:

what if she doesn't give me a copy how do I let the lawyer know that I want this

Debra Thal (username) :

You can contact the BC Branch of the Canadian Bar Association and use their
Lawyer Referral Service. You will be given the name of a lawyer and can consult
with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Debra Thal (username) :

She cannot probate the Will otherwise.

Debra Thal (username) :

The lawyer will not speak to you at all.

Debra Thal (username) :

That is why I am suggesting seeing your own lawyer.

Customer:

..I was the executrix of my parents a few years back and had the death
certificates with in days of passing. Do you think she is trying to control his
things. Can she give them away before probate.

Debra Thal (username) :

She cannot give away his things as she has no authority to do so.

Debra Thal (username) :

I don't know what she is thinking but I suspect she is trying to respect his
wishes as he as very mad at you.

Customer:

Okay, I think you are right. And I do also want to respect his wishes, but not
give her control of every , peice of clothing etc. I will ask her nicely to see
the will, if she puts me off or refuses, I will get a lawyer

Customer:

$ weeks shpuld be enough time for her to get started on this?

Debra Thal (username) :

Things move slower this time of year.

Customer:

I meant 4 weeks

Debra Thal (username) :

If she gets a letter from a lawyer she will do what you want as she will not
want a fight.

Customer:

Thanks I will take that step.

Debra Thal (username) :

I hope you can work this out with as little pain as possible as you've had
enough.

Customer:

Thank You He really was a great person until the end when the cancer spread to
his head and lings and bones. He always told me about his girlfriend I really
did love him.

Customer:

Thanks Again

Debra Thal (username) :

Of course you did and he loved you.

Debra Thal (username) :

By the time this all happened he was no longer him.

My son passed away 4 weeks ago after a lengthy and painful…

How JustAnswer works

JustAnswer in the News:

What Customers are Saying:

Meet the Experts: