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My friend's mother died yesterday intestate. She never

My friend's mother died...

My friend's mother died yesterday intestate. She never married and he is her only child - so he's the sole heir based on the Law Succession Reform ACT.

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

Ontario Canada. The rules of civil procedure list a bunch of estate forms, including an affidavit of service of notice that he's requested the appointment as estate trustee. But since there is no one else eligible for inheritance, it would seem that he only needs to submit the application for appointment and the order of appointment for the judge to sign. or am I missing something?

Lawyer's Assistant: What documents or supporting evidence do you have?

Well that's just it. No will. He has a basic birth certificate but we could get the extended one with parents listed.

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

No. I think that's my main question

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Answered in 4 hours by:

2/6/2020

Lawyer: Debra, Lawyer replied 3 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,352

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.

I am sorry for your friends loss. Are there any living grandparents?

Customer reply replied 3 years ago

I've read through the Succession Law Reform Act. Outside of my friend, his mother's next closest kin is her sister. What I'm trying to establish is the following:
- with there being only 1 heir by statute, preparing notices of seeking appointment to be estate trustee to oneself would seem weird. But sending the notice to his aunt, who has no claim, so that she can consent to his appointment, also seems weird, but would establish that a least one other person (the only other person) among the family supports it.

Lawyer: Debra, Lawyer replied 3 years ago

This aunt has no claim to the estate. She has no interest in the estate from a legal or financial point of view.

She doesn't need to be served.

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.

Customer reply replied 3 years ago

Thanks. So, I will advise my friend to proceed with only the application for appointment, the draft order and a copy of the death certificate and see what the clerk says.If anything else pops out at me, I'll take you up on that offer.

Lawyer: Debra, Lawyer replied 3 years ago

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, Lawyer

Category: Canada Law

Satisfied Customers: 147,352

Experience: Lawyer

Verified

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