Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law
This answer was rated:

Brief background: Vehicle is owned jointly by myself, my

Brief background: Vehicle is...
Brief background: Vehicle is owned jointly by myself, my sister and my brother. The vehicle burns and is declared a total loss by ICBC adjuster. They issue a cheque made out to the three of us, however, before the cheque can be cashed, my brother passes away.
ICBC initially says (after they have a copy of the death certificate) that they won't reissue the cheque in mine and my sister's name, but then change their mind and say they will issue three cheques; one to me, one to my sister and one to the estate of my brother.
This seems to defeat the intent of survivorship. Is ICBC correct?
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 7 minutes by:
12/7/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,159
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question

I am sorry for your loss.

No. ICBC is wrong.

You should consider retaining an estate lawyer to send them a letter setting out the law and essentially threatening a court order if necessary.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 7 days ago
Thank you for your prompt reply.
For clarification: Am I correct in assuming that when you say 'setting out the law', that you are, or my estate attorney will be saying that the survivors would own the vehicle had it not been destoyed and therefore the survivors own the amount being paid for the vehicle and further that my brother's estate is not a party to the insurance policy which we jointly owned??

That is correct.

As joint owners on title when one dies title vest in the other two.

That is really the same for the cheque and it could have been the case that the bank, with the death certificate would have agreed to cash it for the two of you.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,159
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 days ago
Clear and concise. Greatly appreciated.
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,159
102,159 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

102,159 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

224 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
If am living illegal in Canada how can I get legal again.
If am living illegal in Canada how can I get legal again. … read more
Debra
Debra
Lawyer
102,159 satisfied customers
I was injured in the QE2 Hospital, post surgery, last year.
i was injured in the QE2 Hospital, post surgery, last year. The Stryker bed i was in was reported broken at noon and crashed to the floor at 7 PM that evening with me in it. The fall has left me with … read more
Debra
Debra
Lawyer
102,159 satisfied customers
In Alberta Canada in regards to employment law. As far as
In Alberta Canada in regards ***** ***** law. As far as mental health, injury outside of work, and possible alcohol or drug abuse. What rights does an employer have to request information or proof fro… read more
Debra
Debra
Lawyer
102,159 satisfied customers
I lost a civil suit in the Supreme Court. Do the plaintiffs
I lost a civil suit in the Supreme Court. Do the plaintiffs automatically get double costs? The judgement says costs schedule b … read more
Debra
Debra
Lawyer
102,159 satisfied customers
Are u there. I'm in Canada, gulp, is that going to be a
I'm in Canada, gulp, is that going to be a problem? … read more
Debra
Debra
Lawyer
102,159 satisfied customers
I placed a lien on property I worked on because I wasn't
I placed a lien on property I worked on because I wasn't getting paid and abandoned my job because of I couldn't afford to continue. Yet the other company still doesn't want to pay and says that the w… read more
Debra
Debra
Lawyer
102,159 satisfied customers
Ive been working for a major company as a sub-contractor
ive been working for a major company as a sub-contractor (but still wearing the uniform and abiding to their rules, etc), my boss gave me a raise due to my merit and then when people found out about it... he took it away. … read more
Debra
Debra
Lawyer
102,159 satisfied customers
Does a publishing contract through a corporation protect the
Does a publishing contract through a corporation protect the author from liability for liable, errors etc … read more
Debra
Debra
Lawyer
102,159 satisfied customers
I have a student loan that would have come due in 1996. I
Hello I have a student loan that would have come due in 1996. I know there was a new law on statute of limitation which came into effect Jan 1 2004, but being more that 6 years wouldn't the old loan b… read more
Debra
Debra
Lawyer
102,159 satisfied customers
One year ago I spoke with my neighbour about his dog
One year ago I spoke with my neighbour about his dog defecating on my property. I suggested that we go splits on a fence he replied no. I suggested that he keep his dog tied he replied no. July 2017 I… read more
Debra
Debra
Lawyer
102,159 satisfied customers
If you pass on chlymidia in Canada does that come under the
If you pass on chlymidia in Canada does that come under the same laws as non disclosure of HIV or is it different because it is treatable? I'm not personally concerned I have it, rather I'm interested… read more
Debra
Debra
Lawyer
102,159 satisfied customers
I'm asking if the police can keep our luggage's at the
Hello, I'm asking if the police can keep our luggage's at the station for more than 24 hours without a warrant. … read more
Daniel Freudman
Daniel Freudman
1,265 satisfied customers
I am looking for cost of living allowance clauses for
i am looking for cost of living allowance clauses for increasing child and spousal support for future years … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,090 satisfied customers
While on probation at workplace. Am I still able to join a
While on probation at workplace. Am I still able to join a union? … read more
Debra
Debra
Lawyer
102,159 satisfied customers
Have been accused of indencent exposure in landlords
Have been accused of indencent exposure in landlords separation case. I am a professional truck driver and this false accusation could damage ability to cross border. What can i do … read more
Debra
Debra
Lawyer
102,159 satisfied customers
I have unpaid fines from a traffic offense dated back quite
I have unpaid fines from a traffic offense dated back quite some time...because of this there is probably a warrant out for my arrest??? how would i even begin to deal with this? … read more
Debra
Debra
Lawyer
102,159 satisfied customers
I have been renting a home for a number of years now.
I have been renting a home for a number of years now. Parents separated, and the father did not pay rent for over 6 months. Its always been difficult to get him to pay. We had a verbal agreement re: p… read more
Debra
Debra
Lawyer
102,159 satisfied customers
Basically I love in qc I sold a vehicle then it had problems
Hi basically I love in qc I sold a vehicle then it had problems I did not know about. … read more
Debra
Debra
Lawyer
102,159 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