There has been a death in the family. how do i submit life insurance claim? how do i access bank accounts? (i am the

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Customer: there has been a death in the family. how do i submit life insurance claim? how do i access bank accounts? (i am the spouse)
JA: Estate laws vary by state. What state are you in?
Customer: province do you service canada ?
JA: What documents or supporting evidence do you have?
Customer: death certificate and proof of death
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nothing else, the deceased was part of a union at work
Answered by Debra in 1 hour 2 years ago
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Debra
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174830 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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174830 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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174830 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Customer
Ok
Customer
How long will it take?
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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.

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Debra, Expert

I'm sorry for your loss and for this difficult situation.

Is there a will?

Customer
Hello Debra, thank you for the kind words. are you knowledgeable in Ontario law? I am in Toronto,Ontario, Canada. There is no will.
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Debra, Expert

I live in Toronto too.

Is the only asset a bank account? How much is in the account?

Customer
No, a house with a mortgage. RRSP, TFSA, checking and savings as well as an investment in a restaurant.
Customer
Is there a better way to connect via phone?
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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?

Customer
it's on the title, the TFSA yes. The RRSP I am not sure. How do I look into that? There is only 1 joint that is my checking. Yes, they held shares in the restaurant. Yes we have 1 child.
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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?

Customer
it helps, but the restaurant director has not been much help. How I do make sure they provide me with full shares from the restaurant?
Customer
How do I administer the estate or get that started? What's the process?
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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:

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

Customer
Me? You mean the business director?
Customer
Thank you!
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Debra, Expert

You are very welcome.

Customer
In terms of liabilities, how do I clear them? There is a vehicle lease
Customer
As well as some small credit card debt/line of credit
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Debra, Expert

The estate has to pay off these debts.

Customer
When you say estate can you explain further?
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Debra, Expert

The money has to come from the bank accounts or the assets.

Customer
Ok
Customer
If my spouses family tries to dispute any estate settlements, what are are my options?
Customer
Do I have to work with an attorney to administer the estate?
Customer
Or can I do it on my own? What would be the first step?
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Debra, Expert

They have no grounds to dispute.

You should retain your own lawyer.

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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!

Customer
Thanks Debra. I have a couple more questions. I realized there are also stocks and a mutual fund that will need to be claimed. How do I go about that?
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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.

Customer
There is no will, what do you mean by probate the Will?
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Debra, Expert

I am sorry. I meant to say to apply to administer the estate.

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