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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100468
Experience:  Lawyer
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When a person passes away, is their estate effective from that

Customer Question

When a person passes away, is their estate effective from that point onward? My son passed away April 9. He didn't have a will and his father's lawyer is asking for my son's banking records dating back to Jan 1 of this year. In my opinion, what my son did with his money while he was alive is not part of his estate. Is this correct?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry for your loss. Was your son an adult? Was your son mentally competent up until the time of his death? If not, were you in charge of his finances?
Customer: replied 2 years ago.
My son was 24 years old and he was mentally competent. No, I was not in charge of his finances. If there is another charge for this, please don't bother to answer.
Expert:  Debra replied 2 years ago.
There is just one charge. There is no reason for you to provide your son's banking records. If they want them then his father can apply to administer the estate if no one has done that or else for a court order to compel the administrator to provide his bank records. But as your son died without a Will and because he was competent and free to do what he wanted with his money I don't see why a court would order that his bank records be provided from before he died. What he had at his death is all that is relevant and assuming your son has no spouse or children the two parents will share in the estate equally.

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