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Jessica
Consultant
Debra, Expert
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.
Debra, Expert
Please let me know the basic facts and then your specific legal question.
Thanks
Debra, Expert
When you keep saying your brother in law is doing all of this you are talking about your sister's husband correct?
So you see all of this but your sister does not? So she wants to protect her husband who is the one doing all of this or am I misunderstanding?
Debra, Expert
A court in Canada will not be able to help with the property in India but if the court in Canada is determining the division of assets your sister will get more in Canada because the husband has more elsewhere.
The adult children should absolutely stop letting him take their money. Their mother is totally dependent on this man who seems to care much more for his family back home. They need to be educated and also to save as much as possible in case this man takes off and leaves them all without funds.
Your sister should be considering seeing a family lawyer now. The husband likely has. By sending all the money to India he may be setting her up for him to leave and just run off. For all we know the family is holding that money for him.
Does that make sense?
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, Expert
Yes but I am sure your sister won't do it.
She can retain a lawyer who can seek an order called a preservation order that would stop him from dissipating the family assets.
What you can do to find your sister 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-***-***-**** or(###) ###-####(within the GTA)
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: