I am currently trying to gain access and ownership to my…

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I am currently trying to gain access and ownership to my…

I am currently trying...

I am currently trying to gain access and ownership to my late father’s house. The house is currently being occupied unrightfully and illegally by my paternal uncle and his family. They have bullied us out of what is rightfully ours under the Indian Act and also the Will that my late father has left behind. Not even the band wants to get involved, it is a big injustice to my family as rightly heirs for years now and we want some closure and rightful occupation of our house. Please get back to me soon, as I have already tried contacting the chief and council over this outstanding matter. Thank you.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Like what kind of paperwork?

Lawyer's Assistant: The Property Lawyer will be able to walk you through that. Where is the house located?

The house is located on the reserve.

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

Yes I feel that we were robbed of anything of value from my uncle and his family and I feel that damages are owed.

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Customer reply replied 21 days ago

Hello

Answered in 59 minutes by:

3/6/2020

Lawyer: Debra, Lawyer replied 21 days ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 119,493

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.

Customer reply replied 21 days ago

Ok thank you Debra.

Lawyer: Debra, Lawyer replied 21 days ago

I am sorry to hear of this difficult situation and sorry for your loss.

What province are you in and are you saying the Will gave you the home?

Customer reply replied 21 days ago

I am in Alberta and my father passed away 8 years ago and since then we haven't been able to occupy our house or use the land because we were bullied out of it.We still have the will that designates everything according to how my late father wanted his estate settled. He made it before he passed and I'm pretty sure it was probated.Yes the Will states who gets what and how he wanted his grandsons and great grandsons to each have a part of the estate.

Lawyer: Debra, Lawyer replied 21 days ago

Who is the executor of the Will?

Customer reply replied 21 days ago

The executor is my sister but she does not want to pursue it and wants me to work on it.

Lawyer: Debra, Lawyer replied 21 days ago

I have a list of questions.

Does the Will give you the house?

If not does it give anyone the house?

If not then what has happened to the money in the estate?

Is your sister the only executor?

Customer reply replied 21 days ago

The will says that the house and property should be split evenlyThe original executor was my step mother but she left a year after his passing and now the executor next in line is my sister.Sorry the will states that my youngest sister or his grandchildren named in will are able to occupy his property under certain conditionsI am a trustee for my son and he is eligible now to occupy my late father's house according to the Will.

Customer reply replied 21 days ago

Ok that is quite the load of information, thank you so much. I will get on this and I am so appreciative of your help.Where do I get these orders?

Customer reply replied 21 days ago

Ok thank you so much.

Lawyer: Debra, Lawyer replied 21 days 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: 119,493

Experience: Lawyer

Verified

Debra and 87 other Canada Law Specialists are ready to help you

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Lawyer: Debra, Lawyer replied 21 days ago · Answer 1

Your sister is in breach of her legal obligations to you and your son. This is a serious breach.

You can retain a lawyer to have her removed as executor and have yourself appointed and then you can get an order removing your uncle from the home that he is occupying unlawfully.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or 416-947-3330 (within the GTA)

1-800-661-1095 or
403-228-1722 in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

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.

Lawyer: Debra, Lawyer replied 21 days ago · Answer 2

You would have to go to the court where the Will was probated.

It's a major lawsuit but clearly necessary.

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