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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100033
Experience:  Lawyer
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My common-law spouse has died and I am the trustee of the

Customer Question

Hi there, my common-law spouse has died and I am the trustee of the Will. We have been living together for two years and I have always paid half of all of the expenses including the mortgage that he took out to pay his wife for the divorce. I also gave him $50,000 towards his payout to his wife and my parents lent him $100,000 which is secured by a mortgage on his house. I was buying out half of the property once I got my divorce settlement as I am a very independent person. His estate is worth 1.7 million, which I did not know until now. He made me the sole trustee and has left everything to me. However, he did leave his sports car to one of his daughters and $50,000 each. He warned me that his ex-wife and children will contest. He was an incredible father but the mother poisoned their minds and he felt like he was just a bank machine; he cried a lot about that. I think that is what killed him. Both daughters are in university, will I have a legal obligation to pay for that from the estate. They are getting $50,000 each from the estate. Do they have any grounds to probate.
JA: When we are ready I'll take you to the appropriate web page.
Customer: Hi there, when will I get the answers to my questions.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I have not. Just getting through the emotion. The two daughters approach me an hour after he died and wanted the will right away. I can't believe it. What my deceased partner warned me about, I didn't want to believe, but I guess he knew them better than I did.
JA: Is there anything else the Lawyer should be aware of?
Customer: No, that is pretty much it.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province are you in please?

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

Is there anything in his separation agreement/divorce judgment that deals with his estate?

Or was there a provision that required him to keep life insurance for the children and if so did he?

Were the children dependent on him financially at the time of his death?

Customer: replied 1 year ago.
Nothing in separation agreement except that all wills were null and void. She cannot come back to him for spousal and nothing about life insurance to be left to the kids. As far as dependants there is no child support required. They are both over 18. The eldest is starting her fourth year at queens and the youngest will be starting in September. There is an education find for them that the mother is controlling and they both work in the summer. He has been paying a 1500 credit card a month for the oldest daughter for her expenses, which was gas and food and she has a car, in my former hisband's name which he has been paying everything for and both daughters cell phones. The youngest also has a 500 credit card which he pays for anything she may need that the mother won't pay. He was going to cancel the credit cards in June once the youngest dAughter started university and he was going to arrange to have all expenses divided between ex-wife and him because he was paying so much more than her.
Expert:  Debra replied 1 year ago.

It actually sounds like those children may have been partially financially dependent on him. And child support is required when the children are over 18 so long as the children are in full-time attendance at school and remain dependent because of their attendance at school and live at home when not away at school.

So it may be that the children will have a dependent relief claim that they can assert against the estate.

But for now, they certainly have no entitlement as the will govern and you receive the entire state.

If they make a claim through a lawyer and you will need to retain a lawyer to assist you. But until they do there is no reason for you to provide any funds to them and they do not have a right to see the entire will but if you have to probate the will then it becomes a matter of public record and they can see the will by getting a copy from the courthouse.. However, because they are receiving specific bequests they are entitled to see the part of the will the deals with them.

Customer: replied 1 year ago.
Ok. Now we had joint accounts but he had an account just in his name but no money in it, do I have to mortgage the property to give his daughters each $50,000 or pay them from our joint account?
Customer: replied 1 year ago.
Ok. Now we had joint accounts but he had an account just in his name but no money in it, do I have to mortgage the property to give his daughters each $50,000
Customer: replied 1 year ago.
Also, is the estate only required to help out financially firstly, only for the first degree and secondly, and if there is no money in his account, do I have to use the joint account to pay
Expert:  Debra replied 1 year ago.

The joint account does not form part of the estate.

But the estate owes them the money.

So if there is only the house you will need to mortgage or sell the house to get them the money.

And as they were given $50,000 each they may not be entitled to more.

Please don't get scared and pay them anything.

This is very complex and you need a lawyer to review the Will and the facts and then assist you in determining what if anything they are owed.

It may be the estate can pay the $50K to each and they need to take that and go.

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