How much is it to talk to a lawyer. Ontario. I want to do the claim on my own but I need the advice of a lawyer It’s for

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Customer: How much is it to talk to a lawyer
JA: What province is this in? It matters because laws vary by location.
Customer: ontario
JA: What steps have been taken so far?
Customer: I want to do the claim on my own but I need the advice of a lawyer It’s for debts owed
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It’s for child support arrears and the estate is now sitting with a law firm who dealt with his settlement as a result of an accident
Answered by Debra in 5 mins 1 year ago
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Debra
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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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172410 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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172410 Satisfied customers

Jessica

Jessica

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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.

Customer
OK my father's daughter passed away in 2019, at the time there was a pending insurance settlement which has now been resolved. I have documentation from family support order services in Ontario that he owes 20,000 in arrears. My question is how do I go about submitting a claim to be paid
Customer
Sorry my daughter's father I mean
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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

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Debra, Expert

You can speak to the FRO about this and you also can file a claim with the estate.

You should speak to the FRO first because you aren't allowed to enforce the support if the FRO is doing it.

Does that help as a starting point?

Customer
Fro closed the enforcement file When I notified them that he had passed away
Customer
Customer attachment 3/20/2021 3:22:47 PM
Customer
But I do have a directors statement of arrears form 35 a
Customer
Dated 6 February 2019 and signed by a commissioner
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Debra, Expert

You can file a claim to the estate by providing it to the executor and then if that doesn't work you have to sue the estate.

Customer
There is nobody assigned as the executor as he died without a common-law spouse. My daughter would be his closest living relative but there isn't much in the estate
Customer
I noticed that the law firm who dealt with his settlement is holding the money And did pay out some debts
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Debra, Expert

Then send the claim to them. That could work well!

Customer
do I just write them a letter with the documentation from family responsibility office
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Debra, Expert

Yes you do. And then perhaps you follow up with a phone call a week later.

Customer
The law firm is not asking for a certificate of appointment of trustee
Customer
Is this common?
Customer
It sounds like they are just willing to release the fund remaining as my daughter is inquiring, would they have needed to make sure that his taxes were filed etc.?
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Debra, Expert

Well they can see that there's no estate and so no one wants to apply to administer the estate. However, depending on how much they have for him it may very well be the case that you should be applying if your daughter if she is a minor because your daughter is going to inherit the rest of that money if she's the next of kin right?

Customer
My daughter is now an adult, does she require a lawyer to apply for that? Or can she apply for that herself
Customer
Sorry I know I have a lot of questions? I'd like to make sure we're doing what we're supposed to
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Debra, Expert

She should speak to that law firm and see what the terms of the settlement as perhaps their money goes to her.

Otherwise she can apply on her own to administer the estate but it's not going to be easy.

Customer
Can you quote a cost for getting this done?
Customer
If we hired a lawyer
Customer
Also what specific questions should she ask with regards ***** ***** terms of the settlement
Customer
Also would we contact the new market courthouse to find out what form she needs to fill out to apply?
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Debra, Expert

Your daughter should contact the law firm. She should explain that she is the next of kin and the only one that would inherit if there's anything left. She should ask what the terms of the settlement are and whether she is going to be getting that money without applying to administer the state.

I'm not so sure that they will provide you with the forms but I can find them for you.

Customer
Oh my goodness thank you so much!
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Debra, Expert

This is what you need. They tell you what to do and part way down the forms are there.

https://www.attorneygeneral.jus.gov.on.ca/english/estates/how_to_apply_for_probate.php

Customer
Ok
Customer
Ty
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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Ok ty
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Debra, Expert

You are very welcome.

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