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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101416
Experience:  Lawyer
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My ex-spouse was listed as 1/2 shares of an estate. As per

Customer Question

My ex-spouse was listed as 1/2 shares of an estate. As per the will, his share goes to our children as he passed away last year. His brother (executor) requested certified copies of my ex's death certificate to expedite the estate. He now says he used 3 certificates to remove his brother from 3 life insurance polices. He has threatened to keep all the money now because we asked for an estate list & documentation. We live in the U.S. in a state he would not be eligible to obtain those certificates. He committed fraud by having me expedite them in order to keep funds for himself. Do we have any grounds to sue in Ontario? He has also attempted to withhold other items specified in the will, kept a car which should liquified in the estate, refused to give my children copies of the will, etc... We were able to obtain a copy from the attorney who prepared it. The estate has been frozen per our request as the executor seems to be on a power trip. Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Can you confirm that all of the assets are in Ontario and that your ex spouse was living in Ontario at the time of his death?

Customer: replied 1 year ago.
The assets are all in Ontario. It involves his aunt a Canadian. My ex is a Canadian who had a green card & resided in Texas where he passed away.
Customer: replied 1 year ago.
A Texas death certificate is not public record.
Only available to heirs.
Customer: replied 1 year ago.
If we need to obtain an attorney up there I also need recommendations of a site containing ratings & specialty. Sorry I worked in a law office here but know nothing about Canadian law. The exbrotherinlaw is unstable & uneducated which is making the process much more difficult.
Expert:  Debra replied 1 year ago.

This would not at all be considered fraud in Canada. He absolutely needed the death certificate.

But if your ex-spouse died before the other testator then his estate would not be entitled to the life insurance so the brother acted correctly and you could not sue for this money. It is not part of your ex-spouse's estate.

The Will is a matter of public record and anyone can get a copy of the Will from the local courthouse.

What your children are entitled to is a their father's share of the assets of the estate. The life insurance is not an asset of the estate. But they do share in what else is in the estate. All of this is a matter of public record.

You should retain a lawyer in Ontario to check the court file, review the Will and other documentation and be sure you children are inheriting what they are entitled to.

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-***-***-**** or(###) ###-####(within the GTA)