Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

My adult son and I live in moms house years. We help

Customer Question
My adult son and I...
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
Shari
Submitted: 1 year ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 58 minutes by:
4/12/2016
Lawyer: Debra, Lawyer replied 1 year ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,829
Experience: Lawyer
Verified
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.
Ask Your Own Canada Law Question
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,829
101,829 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

101,829 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

216 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I got sucked into a Timeshare type contract in 2012 that I'm
I got sucked into a Timeshare type contract in 2012 that I'm trying to get out of. They were aggressive and pushed us into a decision on the spot. My husband has since passed and the company has chang… read more
Debra
Debra
Lawyer
101,829 satisfied customers
Do you deal in labor board rights. My son's ex employer
My son's ex employer straight up said he didn't care … read more
Debra
Debra
Lawyer
101,829 satisfied customers
I have simple question. Full time. Nothing, Is it free
Hi I have simple question JA: Have you documented this or discussed it with HR? Customer: no JA: Is the employment agreement "at will," union, full time or part time? Customer: full time JA: Anything … read more
Debra
Debra
Lawyer
101,829 satisfied customers
R judd I have been talking on line for about 2 years with
my name is ***** ***** judd I have been talking on line for about 2 years with myra mae rose c lacson in the Philippines we have come very close and we are interested in her coming to Canada and becom… read more
Debra
Debra
Lawyer
101,829 satisfied customers
How much notice does a landlord have to give before raising
Hi, how much notice does a landlord have to give before raising the rent … read more
Debra
Debra
Lawyer
101,829 satisfied customers
When a car is damage hitting a racoon on the highway does
when a car is damage hitting a racoon on the highway does the owner have the right to have it fixed at their choice of repair shop … read more
Debra
Debra
Lawyer
101,829 satisfied customers
My question is i had a lien filed against my property
good day my question isi had a lien filed against my property because building a new houseanywaysi just found out there is a lis pendens on the title nowits been well over 30days and also i have been … read more
Debra
Debra
Lawyer
101,829 satisfied customers
I am going on a University trip from Vancouver to Israel in
Hi Debra,I am going on a University trip from Vancouver to Israel in February and am also planning to apply for a PR shortly. Please let me know if going to Israel has any negative impact on the Canad… read more
Debra
Debra
Lawyer
101,829 satisfied customers
I have a question about the legality of my employer's recent
I have a question about the legality of my employer's recent notice regarding an overpayment on my wages since 2011. They are planning to deduct $5400 from my pay due to expired certification of TDG (… read more
Debra
Debra
Lawyer
101,829 satisfied customers
I am a French citizen Deported from USA in December 2012
I am a French citizen Deported from USA in December 2012 after serving 9months prison sentence for securities fraud. … read more
Debra
Debra
Lawyer
101,829 satisfied customers
I have a one year lease and I found out that there is
I have a one year lease and I found out that there is bedbugs and a garbadge eating waterbugs infesting my apart.can I get out of my lease? … read more
Debra
Debra
Lawyer
101,829 satisfied customers
There is a collection agent trying to obtain a group
There is a collection agent trying to obtain a group judgement over hundreds of customers. If the court awards them this judgement are they then able to retrieve what they say is owed by me, from bank… read more
Debra
Debra
Lawyer
101,829 satisfied customers
I just received a civil claim from B2B Bank for money owed
I just received a civil claim from B2B Bank for money owed to them … read more
Debra
Debra
Lawyer
101,829 satisfied customers
I purchased a tractor trailer two years ago, it was
I purchased a tractor trailer two years ago, it was purchased from an individual who had financed it through his employer. I have a receipt from this employer that it has been paid in full. I am now t… read more
Debra
Debra
Lawyer
101,829 satisfied customers
I currently own a unit in my condo that has bylaws
Hi. I currently own a unit in my condo that has bylaws restricting each unit to own only 1 dog not over 30 lbs. I had asked management if they can do anything to help us have 2 dogs (during the time o… read more
Debra
Debra
Lawyer
101,829 satisfied customers
I got an email from PicRights Ltd. on behalf of Agence
i got an email from PicRights Ltd. on behalf of Agence France-Presse … read more
Debra
Debra
Lawyer
101,829 satisfied customers
I am involved in a case where I want to retract my
I am involved in a case where I want to retract my statement … read more
Debra
Debra
Lawyer
101,829 satisfied customers
I am currently employed by a limited partnership in
Please. I am currently employed by a limited partnership in Saskatchewan. 2 partners are attempting to buy out other 2 partners. One of the partners being bought out just threatened to shut the kitche… read more
Debra
Debra
Lawyer
101,829 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x