My common law partner died in May 16, 2016, I sole beneficiary and executor. I received a lump sum payment of $

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Customer: my common law partner died in May 16, 2016, I ian sole beneficiary and executor. I received a lump sum payment of $ 550,000.00, and was taxed $ 350,000.00 20 days after his death his mother also passed away and her will was not revised and names my deceased partner her over $ 850,000.00 in cash and a 3 bedroom condo with no mortgage. The will cleary excludes his estranged brother and was left out on purpose. My partners dying concern was that his mothers asset would be given to his former sister in law who was married to his youngest brother who died over 30+ years ago. She is not a blood relative or entitled to any specific inheritance, but named a executor.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: I currently qualify for Survivour spouse benifits and my partners CPP credits and pension, Is the inheritance left to I'm by his dead mother become part of his estate, Their are no other contingincies regarding his death. As his spouse and technically his mothers son I law do I have a claim for his inheritance that has still yet to be resolved, I am afraid the daughter inlaw with no blood relation as executor will simply exhaust all of my partners assets that he wished to bequeath to me should he not survive his mother, A Statment She admittedly agreed to citing my dedication and presence over 10 years of caring for my spouse and his mother. do I have a case. And I the will does not clearly provide any other alternatives should my spouse die. Doesn't his estate receive the inheritance, And as I am Executor and Trustee of his estate would I have a claim. The Bank assigned an Internal Temporary EXECUTOR/Trustee, to investigate who is next in line regarding the inheritance when the will only specifies Roger my spouse, due to the preparation of the document was done in 2000 before I became his spouse, and created by his deceased father. And has never been revised since.
JA: What documents or supporting evidence do you have?
Customer: Cohabitation Agreement. lease, documents, shared assets, power of attorney,direct deposit of pension benefits, shared accounts, and listed as sole beneficiary for company pension and much much more, a co-owned business, shared property, joint accounts, credit cards etc..
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes the RBC bank recently emailed me having been 5 years since her death and has requested and additional documents or an official demand and cour filing of my situation or her assets may become part of the federal government coffers. all in total her cash and stock assets are over 1,200.000.00 including a 3 bedroom ground-floor condo without a mortgage, that had a retail value in 2016 of $ 350,000.00 this is time sensitive, a 5 year probate is not normal, including their investigations, but only the original will with no revisions were located, and only small amounts of cash have been allocated to a great granddaughter, but nothin significant, I am afraid the sister I law is using fraudulent means and her allocation as executor to defraud the wishes of my deceased partner and his mother whom though of me as her only true family. No other family had visited or seen her on over 16 years, My dedication is on record, including, electronic access to her accounts, and provided caregivng services to her and her son during the last 5 years of their lives, absent of any attempt fro others including the daughter in law, who lives in Nova Scotia, and only seem to communicate with her to manipulate her into removing her son from the will and for financial assistance. She is a Fraud, My belief is that I must file my requests within the next 2 weeks or risk having to sue her civilly which will give her time to distribute these liquid assets and empty the coffers.
Answered by Debra in 5 mins 11 months 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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10+ years of experience
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Debra
10+ years of experience
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166370 Satisfied customers

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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.

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

So I am clear, the mother died 20 days after your common-law partner died and you asking if her estate passes to his estate?

Customer
Summary: 1) My commonlaw partner died may 16 2016, 2) I lived and cared for him and his aged mother since 2005. 3) I was his sole beneficiary and listed as as spouse regarding his company pension, a lump sum of $505,000. (350,000 was my tax penalty even though we used the value of his pension, as collateral for a 250,000 loan to care and provide end of life comfort due to his terminal illness. His father created a will in 2000 that was never revised by his mother who unfortunately died 20 day after her son. The will cleary excludes extended family members, and only identifies my deceased spouse to inherit over $ 850,000 in cash and a 3 bedroom mortgage free condo. The will does identify their deceased sons wife as executor, but does not include any allocation of assets. I have shared accounts, homes, business, partnership and cohabitation agreements, including his mother request to provide her with financial management and caregiving services. since 2006. The RBC has become the temporary Trustee of her estate until a legitimate legal claim can be made, I recently recieved a email from her bank to inform me that if I have any claim to the estate then I msut file my documents and proceed before her assets are forfitt . or the possibility that the ex daughter in law, acting as executor only, will deplete my spouses rightful inheritance, using creative accounting techniques. The daughter in law remarried 20 years ago and has only visited my deceased spouse only twice. My spocuses deathbed testament was a message to her mother to revise the will to identify me as a spouse she recognizes. Is not my spouses inheritance belong to his estate. Am I not legally family. In which case do I have a claim that the unrevised will left no alternative instructions, either than my partners inheritance, which makes me believe that it shoud be given to his estate. For which am the Trustee, and Financial manager of the trust we created with the " TERMINAL LOAN" agreement when we recieved the $ 250,000 advance, using his company pension as collateral, provided I co-sign and am name as sole benificiary to guarantee the lenders that probate would not be necessary and would ensure no unexpected challenges from any estranged family, known or not known. The will once again did not provide any other instructions should my partners death preceed his 90 year old mother.
Customer
This is the third tie i have use this service and unfortunately I hnever get any straight answers, only other refferals that request money, and have never been provided witha local lawyer who you or this service recommends. her estate is worth over 1,200.000. Many lawyer want contingency agreements, and others seem to disregard the specific information i need. please forgive me for being skeptical. I am sure you are worth the money. However I thought the internet would prepare me or help me network with a lawyer who is interested in this case. and require a real person to speak to and hire. I have spent weeks on line, only to repeat this story, and am usually told to contact someone else, or am given links to sites like this that seem to respond in the same manner. EG. I understand your situation, but for an additional $? I can review your documents. I am past that point I need to retain a lawyer and have every document to support the summary of events I sent to you. For the record this is the 3rd time in 1 hour I have tried to ge a simple answer, Do I have a CASE and Who can I hire.
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Debra, Expert

The lawyers on the site cannot act for you. I don't know who else has answered you but I am certainly trying my best and I'm going to give you the most correct and honest answer I can. But law is complicated and often there are no clear answers. That's why lawyers have careers. We argue in court. Lawyers take the side of their client and argue. They could be on one side or the other because there's always arguments on both sides.

Because your mother-in-law died after your spouse died he doesn't inherit so his estate doesn't inherit.

If her Will said what happens if someone predeceases her then that is what happens. If not then his gift fails and it reverts to the residuary of the estate and passes to the residuary beneficiaries.

Your spouse's wish cannot be followed as the Will is what governs.

Does that clarify the law?

Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. 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.

Thank you very much!

Best wishes,

Debra

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