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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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Calgary lawyer handled prep of his will, probate..etc.

Customer Question

Calgary lawyer handled prep of his will, probate..etc. Simple and no problem. Then brother passed..no will. We phoned her in desperation at very least 3 times, first from Red Deer and then a Calgary telling her we need someone now. My brother was dying..all night I was frantic. I emailed a well known lawyer who I knew from past asking for help.
There was a signed will but no witness. It was just my daughter and I. There were people waiting to be called to come and witness.
Problem is we did not know we could grab anyone to witness. We were in terror mode. I was losing my brother! In all those phone calls she never told us to just grab anyone. She played along with our false idea that it had to be a legal person.
She was privy to all family info when dealt with Dad. She knew we were all wanting my brother to make a will.
My life is a horror story as a result. She opened the gate to nastiness I have never allowed in. She knew of this..a couple other bad things following on her part.
She charged me 23000vto do both Dad and Don my brother. It's a mess and I'm paying and paying both monetary but my life is uprooted and is being destroyed. I am reporting to Alberta Bar but I want to know if because of her failure to give us proper direction when she was required can this be reversed. I mean can the will be looked at and deemed valid because everything tha5 is happening us a result of this.
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

I am sorry for your loss.

Are you asking about what you can do about the Will or about this lawyer?

Does the Will give the assets out differently than the law prescribes when there is no Will?

Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
I am speaking 5o the lawyer not giving instruction and delaying response to pleas to get someone there to witness. As a result my life is completely destroyed. I don't care about the money or the assets I care about the gate of horror she opened into my life because of her lack of response. She knew about all the factors involved prior and yet failed to give proper instruction. She also did a most horrible act following that was cruel and intentional. I can't prove intention but can prove her inaction. I am now aware of her predatory ways towards older people who are vulnerable. I care more that she is dangerous and using the law to peddle her poison.
I am not vindictive in my remarks. She needs to be brought to task. I have requested from Alberta law society past reports on her acts and do know of one. The lawyer I hired after told me that she had been before the bar because the new lawyer was the one 2ho did it when she was head of bar.
I will not all9w this pe4son to continue in this manner.
I am not uneducated. I am an RN and a secondary teacher.
I am appalled by anybody using there credentials to rip people off and merrily go on spending their inheritances with a smirk and no one has the resources to stop it.
Expert:  Debra replied 9 months ago.

I am saddened to hear this.

But how exactly did she ruin your life. I need a bit more of the specific facts.

Expert:  Debra replied 8 months ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

Customer: replied 8 months ago.
In response to Q#2- My understanding is when there is no will, the estate assets are dispersed equally to all legal beneficiaries.
This would include all brothers and sisters (as defined)thus each would receive equal portions upon dispersement.
Hence, this half sister is entitled to one/third of the estates value. Is this correct? (there are 2 half/sisters)Q#1-I'm speaking to the validity of a will that was signed by my brother but was not witnessed. The will not being witnessed was directly a result of her failure to provide legal direction at such a horrendous time. I spent the last hours of my brother's life in a frantic panic. That is what was stole from me. She had a feduciary responsibility at the very least.
And for this I pd her $23,000.
You would have to be aware of too many details to convey in writing. I have carefully considered my course of action..and which course I choose will be difficult.
I abhor negativity in my life. It's not welcome but here it is knocking on my door.
Sometimes there are battles worth fighting and I think this counts as one.
Expert:  Debra replied 8 months ago.

Did your brother have a living spouse, children or any living parents?

Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 8 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Expert:  Debra replied 8 months ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

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