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Jessica
Consultant
Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
I'm sorry for your loss and for this difficult situation.
Is there a will?
Debra, Expert
I live in Toronto too.
Is the only asset a bank account? How much is in the account?
Debra, Expert
Is your name on title to the house as well?
Are you the designated beneficiary under the RRSP and a TF essay? Are the bank accounts held jointl
Did your spouse hold shares in the restaurant?
Did your spouse leave any children?
Debra, Expert
You do not need to apply to administer the estate to deal with the house, the TFSA and the joint checking account. If there is a little money in the savings account the bank would likely agree to accept the death certificate and allow you take out the small amount of money.
If you are not a designated beneficiary on the RRSP and no one else is either then you have to apply to administer the estate but If he has a designated beneficiary under the TFS say I'm sure he will under the RRSP as well.
So the only issue seems to be the shares in the restaurant. I suggest that you speak to the director of the corporation that holds the restaurant and ask them if they will require you to administer the estate. It could be that the shares will pass to you automatically.
For the life insurance, if you are the designated beneficiary, all you have to do is provide them with the death certificate and your own ID.
Does that help?
Debra, Expert
If you weren't cooperating you would have to retain your own lawyer.
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.
Here is a link to the site:
https://lsrs.lso.ca/lsrs/welcome
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:
Debra, Expert
You are very welcome.
Debra, Expert
The estate has to pay off these debts.
Debra, Expert
The money has to come from the bank accounts or the assets.
Debra, Expert
They have no grounds to dispute.
You should retain your own lawyer.
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!
Debra, Expert
That will definitely require you to probate the Will.
After you do that you will be able to get all the assets including these.
Debra, Expert
I am sorry. I meant to say to apply to administer the estate.