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Our current lawyer is telling us that our fathers estranged…

Our current lawyer is...

Our current lawyer is telling us that our fathers estranged son might be entitled to some of the estate. He was not mentioned in the will. He has been estranged for +20 years, is there any obligations to him?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Alberta, Canada... I couldn't find a Canadian website, sorry. Hope you can still help me.

Lawyer's Assistant: Has anything been filed or reported?

I know that the lawyers have his will and have filed for probate

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that's it.... there was a huge issue with the bank, they improperly filled out paperwork 4 times and by the fourth f**k up, dad had passed away so now that account didn't have a beneficiary due to the banks f**k ups, any action we can take there?

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Answered in 12 hours by:
1/17/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,561
Experience: Lawyer
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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.

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I am sorry for your loss and for this ridiculous mess.

What reason is the lawyer providing for providing you with this piece of advice? I will answer you fully of course but want to hear what the lawyer is saying in case there is some important fact that you and I may be missing here.

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Customer reply replied 4 months ago
far she hasn’t given a reason, she said we will have to meet in person later today but I see no reason as to why he would be involved at all.
Customer reply replied 4 months ago
thank you, it’s been rough

In Alberta a parent is completely free to disinherit a child. The only time a child could make a claim to the estate is if the child was financially dependent on the parent at the time of the parent's death or if there was something in a separation agreement or divorce judgment that gave the child this right.

So if there is nothing like that then the estranged son has no claim.

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.

Debra
Debra, Lawyer
Category: Canada Law
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Customer reply replied 4 months ago
Thanks a million! I’ll be sure to bring this up! Is there any reference material I could use if needed?

It's really just basic estate law. A Will governs and there is no Act that gives this son a right to make a claim.

Your lawyer will know this I am sure.

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Customer reply replied 4 months ago
Thank you Debra!

You are very welcome.

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