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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99918
Experience:  Lawyer
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My adult son and I live in moms house years. We help

Customer Question

My adult son and I live in moms house for 8 years. We help pay all bills including moms mortgage, and cared for her needs to keep her independant in her home.
Mom was convinced to have several dental procedures done in one appointment. She bruised badly and got swollen. I requested the treatments be spread to several appointments instead all at once, as she had high blood pressure. Mom had a horrible time with headaches, increasing blood pressure, during 13 days following her dental treatments. I informed the dental staff when I took mom in for post check up, the bad time she was having everyday. They never took her blood pressure. Just upset mom didn't pay the entire bill. Mom passed away 13 days after the dentist of a Cerebal Hemorrhaging Stroke.
leaving an official Will stating her estate is 50/50, between my brother and myself, however tucked in her copy of this Will, mom included an updated handwritten Will with changes. She wrote she gives her house to my son (her grandson), as he helped with the mortgage and utility bills. She wrote he was to inherit her house for him to continue caring for his ailing mom. Me.
The lawyer read this and stated he recognized her writing adding, "I see no problem with this letter". I was relieved as it prevent fights from my brother. Mom has said in the past, her son has a home and wished to ensure her grandson and I weren't homeless. The lawyer said it probably go to probate and would get back to us with the decision between the 2 Wills. This was Feb. 24,2016. My son and I left all mom's bank records, mortgage info., what's owing. Her copy of her official Will plus the handwritten updated Will, ( I didn't get a copy of that), with moms lawyer and left his office.
This handwritten will was dated by numbers 09-29-2015 and signed by her. No witness signatures.
It's April 10, 2016, and I called the lawyer to get info how to ensure money would get to the mortgage payment. My son and I have been waiting to hear from the lawyer since Feb.
The lawyers assistant admitted moms file was given to her by the lawyer in March, and has done nothing with it. I was then chastised for not getting all moms bank account information, mortgage owing and I should have a copy of the official Will. Moms lawyer was given all those papers and has moms handwritten Will and her copy of her Official Will. I was told the only thing left for me to do was to get her tax papers done and keep paying the mortgage.
The lawyer's assistant said, moms handwritten won't be accepted. She hasn't seen one accepted yet.
Mom has a remaining mortgage and my son and I can manage it. We can't afford to rent an appartment. Rent is much higher than the mortgage, and I have a Therapy Dog that won't be allowed.
How can my son and I remain in moms house? My brother lives in BC, and we in Ontario. He has not invested any money towards mom's house. But now is informing me all his financial difficulties. He has his own home. I understand his point, but we need a home too. I'm lost. My illness is very rare, progressive and terminal. I am worth more dead than alive. I have life insurance for my son. I'm willing to go tomorrow to help him. Mom made me executor/trustee so I will not fight anyone. If I can't release some of this stress and anxiety I will have an increased chance of a stroke. Truly! I'm not getting any help and was just informed by moms lawyer assistant I have to get property appraised, balances of bank accounts, mortgage owing, find if she had life insurance. The same papers my son and I gave the lawyer in Feb. I thought that's what the lawyer did. I supplied him with most recent bank info, mortgage, etc. I'm so lost. I can't buy out my brother, if it goes 50/50, but I can't afford not to if my son and I can remain living in our home.
My son works and I'm now on Disability. I hate that. I know there will be estate bills to cover. I'm getting scary info from others about packing, cleaning and leaving. Mom has a bit of money in her bank, and there is a mortgage. If the house is sold there maybe a few hundred dollars left to share with my brother. I'm really needing a second opinion and advice. Thank you.
Best regards
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
The lawyer's assistant is not correct. In Ontario holographic Wills are valid. So if the full Will was in your mother's handwriting and signed by her that is good enough. There does not need to be witnesses. You need to take the file from this lawyer and retain an experienced estate lawyer at once. Does that help? I am very sorry for your loss.

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