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My mom passed away and I am co-executor of her will with her…

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Hi my mom passed...

Hi my mom passed away and I am co-executor of her will with her second husband. My mom was receiving a portion of my Dad's pension and now those cheques are written out to her estate. Her second husband has been getting them. The pension board (Ontario Teachers) says that my Dad will have to continue to pay my mom's husband for the rest of his life. This doesn't seem right. The pension board so far has just made the cheques out to her estate. When my mom's husband asks them to make the cheques out to him directly they say only if my Dad agrees. That alone sounds to me like there is room for my Dad to get that money to stop flowing to my mom's husband "for the rest of his life"

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Ontario, Canada

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

What do you mean?

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

My Dad did get a lawyer from his town to write a few letters to my mom's husband asking him to not take the money - either let him have his pension back since it was meant to go to her to equalize things (in family law). At the time of the Divorse sorry also at the time of the Divorce he had the choice to pay her 80k or give her a part of his pension when he turned 65.... obviously he didn't realize that part of the pension was "forever" even on after her death (it doesn't even make sense). ... anyhow the other letter my dad's lawyer sent was to ask him then if he wont' give it back would he consider giving it directly to her three kids (whom she helped support with the money while alive). both letters were met with a no. My Dad is not really a fighter but also not a wealthy guy so giving 1500 a month to someone that is wealthier then him is hard.

Submitted: 5 months ago.Category: Canada Law
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3/10/2018
Lawyer: Debra, Lawyer replied 5 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,972
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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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Lawyer: Debra, Lawyer replied 5 months ago

No this doesn't make a bit of sense.

Do you have a copy of their separation agreement or court order?

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Customer reply replied 5 months ago
I don't have a copy of their separation agreement but I can get it. I'm not sure if there was a court order but the pension board (Ontario Teacher's) would have received the separation agreement ...and I believe at one point someone said that a pension is a piece of property and since my mom left her estate to her husband the portion of my Dad's pension that was going to her would pass directly to her husband. It seems crazy.
Lawyer: Debra, Lawyer replied 5 months ago

There is some truth to all of this but it is also not quite accurate.

Could you please get a copy of the agreement and then scan the parts that deal with pensions and attach it for me to see?

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Customer reply replied 5 months ago
Ok. I can’t get that agreement until Mid-April when my Dad is back from Florida.
Lawyer: Debra, Lawyer replied 5 months ago

OK

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