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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99915
Experience:  Lawyer
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1) My husband passed way on December 4, 2014. 2) s sister

Customer Question

1) My husband passed way on December 4, 2014.
2) His sister passed away, March 2012, there was no will, but the balance of her estate
was to be divided equally between siblings. It has taken the legal company almost 3
years to finally settle every thing, I was not advised that I would not receive his
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying that the one third of your sister-in-law's estate is not going to your husbands estate? Just to confirm, he was alive when she died correct?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

Who told you this? It doesn't make any sense at all. That is why you were surprised.

I cannot speak to you on the phone. The rules of my law society prohibit me from doing that because you are not my client.

Customer: replied 1 year ago.
This web site is a big joke, I have idea why you charge this amount for this web site, none of my questions were answered.
Expert:  Debra replied 1 year ago.

I have to clarify something. I do not work for the website. I don't know what the website charged you. I don't know why you arecseeing extra costs except that perhaps the website is offering you the phone call. But, I am a senior practicing lawyer I login to the site the way you do and even though they website may have offered you a phone call I have already explained to you that I personally cannot do the phone call. The laws in Ontario and likely for the rest of Canada are clear in that we cannot talk on the phone to the customers and the reason why is because as I've already explained you are not my client. So if you want to continue working with me you are not charged anything more. You are charged something more if you have a phone conversation.

Do you want to continue with me? If you do please answer the questions that I posed to you earlier. I cannot answer until I've gathered enough information. You're certainly not paying for any of our going up and back if that's what you're concerned about. I only get paid once I provide you with an answer and you rate me positively and you pay nothing more to continue with me.

Customer: replied 1 year ago.
The lawyer handling my sister in laws estate.
Expert:  Debra replied 1 year ago.

The lawyer handling your sister-in-law's estate is entirely incorrect. Because your husband was alive at the time of the death of your sister-in-law his one third of the estate absolutely goes to his estate now.

I suggest that you consider retaining a lawyer and paying that lawyer simply to send one letter to this estate lawyer clarifying the law and threatening a lawsuit.

This is extremely basic law and it's hard to imagine that the estate lawyer has made such a mistake. But since it appears to be the case I would suspect that one letter would be all of it takes to rectify the situation.

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