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
10+ years of experience
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