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My mom, who is a Canadian citizen, left Canada permanently…

My mom, who is...

My mom, who is a Canadian citizen, left Canada permanently back in July 2016 to seek treatment for her cancer in the US. She is receiving the Guaranteed Income Supplement but she failed to disclose that she left Canada. She recently passed away and we reported her death to Service Canada. Now they are asking for proof of departure from Canada. we don't have it since she just crossed the land border crossing in Washington State. Is she liable to pay back the GIS payments from the time she left Canada in July 2016? Thanks

Lawyer's Assistant: Has your mother talked to a Canadian lawyer about this?

No, she recently passed away

Lawyer's Assistant: What steps has your mother taken so far?

Nothing

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Customer reply replied 4 months ago
Also, they are asking for proof of departure but we don't have it
Customer reply replied 4 months ago
She also used her US passport (as she is also a US citizen) when crossing the border
Answered in 18 minutes by:
1/21/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,531
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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.

When exactly did she pass away?

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Customer reply replied 4 months ago
Dec 24 2017

The CRA will require that your mother's estate pay back what she was paid from 6 months after she left Canada until the time of her death.

You can give them the date. You other family members can swear affidavits to prove what you are saying. You can also try and prove when she was still in Canada by getting letters from her doctor, her neighbours, a landlord if she had one etc.

Does that help?

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.

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Customer reply replied 4 months ago
When you say my mother’s estate- does that mean my dad can be liable for the repayment?

If your mother has assets in her name then the estate is liable. If your mom and dad had jointly held assets and there is not enough in the estate to pay this back then you dad is liable up to the value of 1/2 of the jointly held assets.

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Customer reply replied 4 months ago
Ok thanks that would be all for now

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Debra
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Category: Canada Law
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