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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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A blind person enters into a purchase and sale agreementioned

Customer Question

A blind person enters into a purchase and sale agreementioned without legal representation. Can now the estate get out of it
JA: OK. The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Ontario blind persons sale agreement not witnessed by legal represention. Was comitted to hospital with heart attack prior to signing and died 1 week later. Agreement badly favors 1 sibling
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: Is there any act blind also hard of hearing act that may help
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.
I am not really following the facts.Please explain why being blind matters. For example, are you alleging the person did not know what he/she was signingAre you saying the sibling got this person to sign this while in the hospital and the end result was to treat this sibling much better than the other sibling?
Customer: replied 1 year ago.
OK I'll person physically and experiencing some confusing enters hospital with heart attack.
Have not been able to review full mental capacity while in hospital.
Leagally blind yes hard of hearing yes
One sibling has person sign a sale and purchase agreement for real estate favoring them self and their immediate family
Now in estate purchase agreenest surfaces on closing day without the other siblings prior knowledge
Can thus agreement be broken? How?
Expert:  Debra replied 1 year ago.
You would have to prove that the deceased did not know what they were signing. That could be because they lacked mental competency at the time. Or, it could be because they did not even know what they were signing because they couldn't read it. Or you could prove that this person was very ill, actually on their deathbed, and was unduly pressured to sign something and simply signed because they were pressured or being asked to do so by someone they trusted and had no idea how this was going to affect others.Do you see what I mean?
Customer: replied 1 year ago.
I understand very ill and believe I have no problem in that area.
The trust I believe too as was child who asked the person to sign.however what fact will I need to gather to prove your responses
Customer: replied 1 year ago.
Can the transaction go thru as aledggly signed prior to death but not enough assets remaining to pay for estate debts
Expert:  Debra replied 1 year ago.
No. Then the transaction cannot go through because it would be considered fraud and an attempt to defeat creditors. I am assuming this transfer is at non-arm's-length as it's going to the sibling.
Customer: replied 1 year ago.
Non arms length? Pls explain. I'm just a lay person when it comes to legal issues
Expert:  Debra replied 1 year ago.
Arm's-length transfers are transfers to strangers. Non-arm's-length means that the transfer was to a family member. It is illegal to transfer assets to a family member to defeat a creditor.
Customer: replied 1 year ago.
Yes family member thank you and sold to family member and their children
Mr. And or assigns as purchasers
But what do I need to stop this transaction?
Expert:  Debra replied 1 year ago.
I suggest that you actually retain a lawyer and have a lawyer send a letter threatening legal action. This has to be stopped at once as it is going to be much more difficult to deal with once the transfer has gone through and creditors can actually come after the estate or the owners of that property.
Customer: replied 1 year ago.
Creditors would be cra... income TX alternative TX probate
More than one executor who hasn't signed off
Closing date on agreement just occurred but estate only found out on closing date
Of deal
And the purchaser what to further hide and protect transfered asset into a trustOther than a lawyer what am I looking for to help me
Expert:  Debra replied 1 year ago.
I think the lawyer is all you need. You at least need a lawyer to quickly send a demand letter threatening a lawsuit. If you can't afford a lawyer after that you could self-represent but it is clearly inadvisable in a case like this.

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