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Answered in 6 minutes by:
4/1/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
I am sorry to hear this.
Common law spouses do not have property rights in Ontario so she does not have any entitlement to any interest in his assets because of their relationship.
But, she would be able to claim an interest in an asset if she contributed to it's value.
And she can make a claim to the estate for dependent's relief because she was dependent on him at the time of his death.
I suggest that even though she cannot afford to retain a lawyer she should pay a lawyer to send the executor a letter essentially threatening a lawsuit. This may end up avoiding a lawsuit because the executor will show this letter to a lawyer who will suggest she offer some settlement to avoid court and the estate being frozen in the meantime.
You can contact the Law Society 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 free.
The number is:
1-800-268-8326
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
I am sorry to hear this.
Common law spouses do not have property rights in Ontario so she does not have any entitlement to any interest in his assets because of their relationship.
But, she would be able to claim an interest in an asset if she contributed to it's value.
And she can make a claim to the estate for dependent's relief because she was dependent on him at the time of his death.
I suggest that even though she cannot afford to retain a lawyer she should pay a lawyer to send the executor a letter essentially threatening a lawsuit. This may end up avoiding a lawsuit because the executor will show this letter to a lawyer who will suggest she offer some settlement to avoid court and the estate being frozen in the meantime.
You can contact the Law Society 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 free.
The number is:
1-800-268-8326
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