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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Greetings, your HONOUR, first of all thank you the light

Customer Question

Greetings, your HONOUR, first of all thank you for shining the light
regarding someone's will. I just have some unclear answers to my current
life situation. My beloved mother passed away with cancer exactly a year and
nine months ago yesterday. There's not a day that goes by that I dont think
oof her. She was an epitomy of a woman that had a courage of a soldier in
war. By that I nean she was a fighter, my ROCK, my best friend. We can
appreciate the long lasting value of family bonding, as she always puts us
first no matter what challenges and life curveballs threw at her. She always
used to tell me, "my fighting spirit" got me through the 7 seas. Despite
being uneducated, she found a way for all of her children to live with
excellent moral values, and utter respect for a parents' legacy. With the
help of my step-father, she always managed to put some extra savings aside
to be able to pay the mortgage of a 9-bedroom house that had a 25 years
ammortization period within a 15 year period. The house was once appraised
valued at $500,000. As she battled with cancer for 2 years, under going
several batches of chemotherapy, she became very weary and she succumbed to
it. Before she passed away, it was me and my step-father who took care of
her, as my other siblings lived in a different city. She passed away in B.C.
Since I knew that my Mother worked very hard to get that mortgage paid off,
with her determination, valour, blood, and tears.I asked her briefly about a
month before her passing, this simple question: "Mom, what's going to happen
to us when you're gone?". Her reply sent a chill down my spine as she
quivered: 'Your Dad told me it's all going to him". We had discussions about
their will. together numerous times, and she said that myself, and my older
brother get 15% altogether of the estate, and my other 2 half-brothers,
since they're the real children through marriage with my Mom, they get the
remainder of the estate. Anyways, fast-forward to the present, my
step-father is about to re-marry a new woman inJuly. He sold the house to my
half brother, without once consulting myself, or my older brother. Now, my
half brother, whom he made the Executor, said to me that my step-dad(which
is his real dad) sold the house to him for $340,000. I have some lingering
questions that I hope you can have the answers to, and here they are: A. If
my Mom didnt have a will, as her children, what legal rights do we have as
we are only his step-children. He said my Mom didn't have a will other than
the mutual will they had together as husband and wife. B. Can he just sell
the house to my other brother without consulting us? Please inform me, if
there's a validity to that transaction, or can it be considered NULL and
VOID, if I take this case to court? C. Can my Dad change the will, if so,
what are the guidelines and laws surrounding the protection of the
dependants, me being one of them. D. If I want to contest the will, what is
the proper procedure to take action. E. Can I represent myself in court as
my own lawyer if I can't afford a lawyer. F. If I asked my brother that I
want a copy of the will, as he is the Executor, can he refuse to provide it,
simply because he thinks its disrespectful of Dad's role as a father.
Enclosing, I thank you from the bottom of my SACRED HEART. I am awaiting
your swift reply . God bless ! Always,***@******.***
gets it all. I have 3 other siblings Are we entitled under the new law, for any money?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I have several questions.

First, whose name was the house in? Was it just your mother's or both your mother's and you step father's?

Second, did they have a mutual Wills agreement?

Third, when you say there as no Will except a mutual Will what do you mean?

Finally why did you wait this long to address this?

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