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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101422
Experience:  Lawyer
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Estate law Question: if my husband died intestate and some

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Estate law Question: if my husband died intestate and some of the assets although in his name only were bought with our joint bank account monies, would I as his wife be entitled to buying the items out of the estate at an reduced value? EG: a utility trailer, bought recently for $3500.00 (paid for out of our joint account) is now valued at $3200.00 in the estate of my husband.
Thank you for your question.

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Are their children to inherit as well?

How much is the estate worth approximately?
Customer: replied 4 years ago.

I am the second wife, there are two biological children and the estate is worth about $200 000.00 We are all administrators of the estate.


When did your husband die?
Customer: replied 4 years ago.

Two months ago



The site is having trouble staying online. I hope this goes through.

How long were you married for?

And do you have your own lawyer?

Has someone discussed your rights under family law with you?

Did you have a marriage contract?

Have you told the adminstrators about your contributions to the assets?
Customer: replied 4 years ago.

I am not enjoying the trouble this side is having, maybe you can phone me(NNN) NNN-NNNN I was married for 6 years, common law since 2003. no I dont have my own lawyer, no I do not know the rights under family law, there is no marriage contract/prenuptial etc. Yes I have told the children about my contributions to these assets, I do not know if they know what my position is because if I would like anything, they have said i should buy it out at the appraised value, less my 1/3rd


I am not permitted to phone you.

You actually are entitled to the first $65,000 of the estate and then 1/3 of the remainder.

But that would not be the case if you were entitled to more under the Matrimonial Property Act.

And as you likely know common law spouses now have property rights so your relationship is considered to have been 10 years long for property division purposes.

You have to end up with at least half of the matrimonial property.

And just because an asset is not in your name doesn't mean it's not yours. So there are assets that you own that should not be considered part of the estate and a Court would see that.

So I don't think you should discuss anything with the children any more at this point but should see an estate lawyer face to face as soon as you can.

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.

Let me know if you need any further clarification.

I an sorry for your loss.
Customer: replied 4 years ago.

Thank you, XXXXX XXXXX am not sure you understood my question, I have to talk to them as we are all administrators of the estate, I just want to know if it is fair that I buy the selected items that we paid for together while we were married at a reduced rate than the assessed value.

I do understand the question. But I am not sure if you are being treated fairly.

As a lawyer I don't want to simply answer a question from someone who has not been provided with appropriate legal information.

I know you are all administrators.

But what I am saying is that it's not in all cases that you get your $65,000 and then 1/3 of the estate. You get more if you would have gotten more if you separated or divorced.

And some of those assets may not even entirely belong to the estate.

But if they do then you would only be able to buy them out at fair market value.

I just don't think you should just consider that issue but I do think you should see your own lawyer, if only briefly. You certainly don't have to tell anyone you are doing that.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

thank you

You are very welcome.