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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience:  Lawyer
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I have 2 kids dna proven to be Reg Gullisons kids. Going on

Customer Question

Hi. I have 2 kids dna proven to be Reg Gullisons kids. Going on 8 yrs ago he was in an accident with my car. For 8 mths after the accident I took care of him in my home. He ended up having to go for a leg amputation. We had be in the process of splitting and filing for child support when this happened. I lost my job due to no car. He took care if us financially while I took care if him.when he left to get surgery and live closer to rehab I knew he had not much money and lots if stress. He has to have the amputation re cut cuz it was wrong. I chose to not take him to court. well after all the trouble he left alberta and went back to nb. I was in the process if refiling and tracking him down when he died.he died 8 or so mths after recievibg a huge settlement from accident. this money along with cars and such are being decided on.I has to hire a lawyer clear across canada. urs been 5 trs almost and now I am being told that the estate is being equally divided between the 3 kids. my 2 and his other daughter in ont who turned 18 6mths after his death who just got 60000.00 from him and always got child support. And I cant get back support and will have to prove need to get forward support from my kids share of the estates trust fund. I dont see how this is fair to my children. Please help me and let me know if I need to do more.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did this man die without a Will?

Customer: replied 1 year ago.
there was a forged will produced by his sister but after hand writting experts proved it a forgery she withdrew but the estate had to pay all her lawyer fees and she was never charged with making or producing a false will in court.
Expert:  Debra replied 1 year ago.

It sounds like the case is being treated as if there was no Will, which is what I assume you are saying was the end result. If that is the case then all biological children will share equally in the estate. Before they do that, all claims to the estate must be considered. You can try and make a claim to the estate for child support that has been owing to you, but it is not likely that you will succeed because you do not have an agreement or court order requiring the payment of support. Had you pursued this before the father's death a court may have agreed to make a retroactive child support order going back for years, but it is not likely it would have agreed to go further than that. If your children were financially dependent on their father at the time of his death they would also have a potential claim for dependent's relief. So you could try to make that claim and argue that they need ongoing support that should not come off of their portion of the estate but should come ahead all of the residuary beneficiaries.

Customer: replied 1 year ago.
He abandonded them. I had to hunt him down. By the time I did he was dead. Thats not fair to my kids. The laws do not work for fairness in my opinion. Its no fault of mine or my kids that he was a snake and was hiding from paying , most like due to the fact I would have been awarded a fair amount based on his wages of 150000 a yr for 10 yrs and the 750000 plus setllement he got. But as I suspected, its never fair and not about taking care of the children. The kids and their welfare should come first. They are under aged. A trust fund does no good if the live in a culvert and eat iut of a garbage can. I have to sell off my farm animals and may lose my house over this but its fair. My kids go without but its fair. Have to love how children and family is priority in this country. No wonder its falling apart fast.
Expert:  Debra replied 1 year ago.

But if the money is held in trust for them the Trustee can make payments from the Trust fund for their needs so long as you can show they have needs you cannot meet.

But your points are well taken and if you cannot fully support them and their father should have you may be able to make a claim for dependent's relief and that will come off the top ahead of what the daughter and your children get.

Customer: replied 1 year ago.
I shouldnt have to prove I cant support my kids.I can. I just have to work 6 days a week 12 hrs a day to make ends meet and that gives the kids no life and leaves them raised by sitters and when old enuf to be left alone, will be fending for themselves.Again no life for a kid but I guess I am the only one concerned.Or I quit my job go to a lower paying job with less hrs and have even less for my kids. We have been living well below poverty level all these yrs and now I just got a job that is not stable in this economy due to being in oilfeild and for the first time ever in my life made 70000.00 last yr. because of that I will get next to nothing for support and lose child tax benefits and still have no security for my kids. This whole estate crap is rigged. I never started this, someone broughr my kids into it. They never even notified me he was dead. died feb didnt find out til june cuz everyone protected him and wouldnt say where he was for me to serve him papers. And my kids only have me to protect them. Certainly no laws do.
Expert:  Debra replied 1 year ago.

It is not about proving that you cannot afford to support them. It is about proving that had their father been living he would have had to support then and they need that additional support.

But you cannot get what your kids need or entitled to if you don't make a claim to the administrator of the estate and then proceed to court if necessary.

Customer: replied 1 year ago.
my lawyer says I wont win anything and to save money by just settling for this each kid gets a third in trust. I think I need a lawyer willing to fight for my kids.
Expert:  Debra replied 1 year ago.

It's not about a lawyer willing to fight for your kids.

But it is about eating up the estate when 2/3s is already going to your kids.

What they get above that is going to reduce what the other daughter gets as well but it will reduce their trust funds too. They will only get 2/3 of what is left and the daughter will get 1/3. So the costs may not be worth it. I suspect that is what you are being told but at least get a second opinion from a lawyer face to face.

Customer: replied 1 year ago.
thats wha I am told.And I wouldnt be arwarded anything. As far as the other dayghter, I dont care. She was taken care of, always got her support,she was spoiled, she got 60000.00 when he got his settlement and she's an adult. My kids have gotten 1600.00 in support and Reg only did that to use the reciept for bankruptcy after accident which he filed with the federal government saying he was paying me support. The lady from bankruptcy place told me to sign the reciepts to prove he was claiming kids as his if the need ever came up.
Customer: replied 1 year ago.
He used them in his case for acvident saying he had dependants to get highest insurance claims.
Customer: replied 1 year ago.
all this is documented if someone just tracked down the papers.
Expert:  Debra replied 1 year ago.

I understand but at the same time the amount of money you are fighting over may not be worth it.

You never pursued child support and so you cannot do that now.

And if the children are entitled to some support because they were dependent on him (but they were in fact not dependent on him) they are not going to get the daughter's full inheritance. It will reduce all of their inheritances equally but in fact as two-thirds go to your children it will effect them more than this third child.

So you are really in a difficult situation.

Customer: replied 1 year ago.
i dont think it makes sense to have the kids not be able to enjoy life and have the only parent left not be home as much as possible and have a huge trust fund when they turn 19. Everyone I know has blown their trust funds.I think its more important to give the kids a life now as well as prep for the future. If they can be in sports and other good clubs, better chance they will want to further educate. Its not just about the cost of the activity, its about my having the time to be a real and close parent. I cant do either the sports and such or take the time off because I am always struggling.I had to borrow against my life insurance to not loose my house because I could not find him or even get help to find him. I am still struggling to pay that back...and whats not pd back comes off what I leave my kids....The other can have her third. I just want some retro pay and decent support and not have to beg and plead. The dna tests proved they were his so they should be supported and since its been going in 5 yrs, some retro should be paid. Is that so wrong?
Expert:  Debra replied 1 year ago.

It is not wrong but you had to go after him for child support when he was living and you didn't.

And as I already explained to you the trustee will be able to make payments to you on behalf of the children for things they need out of the trust funds. So if they need additional money for sports and other good clubs or for educational purposes or for something like orthodontic work the trustee will pay you that money out of the trust funds.

Customer: replied 1 year ago.
Paying for sports ect does not give me the time to take them.With this job, i have to have to support my kids, working 6 days a week 12 hr shifts does not give me the time to take them to these sports. And oapers were filed with the court but could not find him to serve him. No one would help find him. No one would tell me where he was. Still have the papers that were filed with the court house.So what I am hearing is because I could get no legal help to find him even after fililng papers and going to court and judge telling me to find family to serve, my kids are less deserving of being supported by both parents. Would a judge not look at the whole picture? Who decides what support comes from trust funds? And who over looks the trust funds?
Expert:  Debra replied 1 year ago.

You are not able to get support from the estate. You were not dependent on this man at the time of his death. The trust funds would be available to pay for certain expenses that you incur for the children. The Trustee of the trust will be in charge of the trust funds.

The court does not have a role unless you bring a matter to court. Then the role of the judge is to make decisions based on the evidence.

The court does not do anything more than that. There is no one to help you find someone. There is no one to oversea what is fair. It is for you to bring a matter to the court and have the court decide.

If you cannot serve someone personally then you can get an order for substitute service. You could have served his family and if he didn't respond you would have received the order and could now make a claim to the estate.

A judge would look at the whole picture.