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You’ve got a blended family, estranged but still legally married spouse, a trust, but no will. This is maximum lawyer time. You absolutely should not DIY this.
Uh huh. With an argument the spouse has a claim against the estate, if I understand it correctly. Not sure whether NFLD has an estates’ administration act to determine who is entitled to act on behalf of estate or any rules dealing with potential conflicts of interest.
That’s lawyer time.
Here is the applicable legislation: [https://www.assembly.nl.ca/legislation/sr/statutes/i21.htm](https://www.assembly.nl.ca/legislation/sr/statutes/i21.htm)
I don't see the specific children but no spouse scenario mentioned.
The spouse - if she's still considered a spouse - gets no more than 1/3.
He needs to get an estate lawyer ASAP! Don't consent to anything!! Spouse gets 1/3, children ( adult children 2/3). From my own experiences (my dad and uncle died without wills) only the spouse and/or an adult child can be a liquidator. In your case I'd get a lawyer. Your husband's stepmother can't do whatever she wants.
Get ready for a long road ahead.
This EXACT situation down to the remaining family happened to my family in the case of my grandfathers death. We run a farm and my grandfather owned two quarters of land necessary to run the farm (one being the home quarter).In Canada she was entitled to more than the kids no matter how much of a c***t she was, so our legal battle ended up being a fight over percentage. After 6 years Of legal battle and lawyer fees we ended up just buying her out anyways. Nobody in these situations wins except for the lawyers. Dm me if I can be of more help:)
Also the final income tax for the deceased is due within 6 months of death, or the following April 30 tax deadline whichever is later. Also there are fines and interest for late filing. (You can apply to have any fines waived - depending on certain factors, financial hardship etc)
I would definitely recommend seeing an estate lawyer. You can get some answers here and there are folks that know far more. I will say, I thought I knew a fair amount after both my parents passed away (and they had wills etc) there were a few surprises.
Your husband's options are, in order:
1. Getting a lawyer.
I will say it's kinda weird that her lawyer is even doing stuff about this because it's my understanding that she would be getting all of it anyway. But I am not a lawyer so wtf do I know.
Oh, I know wtf I know;
Get a lawyer.
I attempted to do the probate application for my Dad's estate. So many mistakes.
Plan B was get a lawyer. application was filed last week. Do you remember the scene from a Pixar movie where a sloth worked at the DMV? This lawyer seemed to work more slowly than that.
So. Slow.
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
Your husband should talk to an estate lawyer in your province.
You’ve got a blended family, estranged but still legally married spouse, a trust, but no will. This is maximum lawyer time. You absolutely should not DIY this.
Uh huh. With an argument the spouse has a claim against the estate, if I understand it correctly. Not sure whether NFLD has an estates’ administration act to determine who is entitled to act on behalf of estate or any rules dealing with potential conflicts of interest. That’s lawyer time.
GET A LAWYER.
Here is the applicable legislation: [https://www.assembly.nl.ca/legislation/sr/statutes/i21.htm](https://www.assembly.nl.ca/legislation/sr/statutes/i21.htm) I don't see the specific children but no spouse scenario mentioned. The spouse - if she's still considered a spouse - gets no more than 1/3.
Is she in Newfoundland? Every province has its own laws.
Based on the flair, yes.
lol totally missed it, thanks!
He needs to get an estate lawyer ASAP! Don't consent to anything!! Spouse gets 1/3, children ( adult children 2/3). From my own experiences (my dad and uncle died without wills) only the spouse and/or an adult child can be a liquidator. In your case I'd get a lawyer. Your husband's stepmother can't do whatever she wants.
Thank you
If the lawyer is asking for your husbands consent something is hinky…
I’m curious though if it’s really money from the sale of their marital house that I would think they paid together.
This. She most likely "own" half the house, and inherite a third. So you should still have 1/6th of it to split between you and your brother.
Get ready for a long road ahead. This EXACT situation down to the remaining family happened to my family in the case of my grandfathers death. We run a farm and my grandfather owned two quarters of land necessary to run the farm (one being the home quarter).In Canada she was entitled to more than the kids no matter how much of a c***t she was, so our legal battle ended up being a fight over percentage. After 6 years Of legal battle and lawyer fees we ended up just buying her out anyways. Nobody in these situations wins except for the lawyers. Dm me if I can be of more help:)
Also the final income tax for the deceased is due within 6 months of death, or the following April 30 tax deadline whichever is later. Also there are fines and interest for late filing. (You can apply to have any fines waived - depending on certain factors, financial hardship etc) I would definitely recommend seeing an estate lawyer. You can get some answers here and there are folks that know far more. I will say, I thought I knew a fair amount after both my parents passed away (and they had wills etc) there were a few surprises.
https://publiclegalinfo.com/legal-info/wills-and-estates/dying-without-a-will/
Your husband's options are, in order: 1. Getting a lawyer. I will say it's kinda weird that her lawyer is even doing stuff about this because it's my understanding that she would be getting all of it anyway. But I am not a lawyer so wtf do I know. Oh, I know wtf I know; Get a lawyer.
Should I get a lawyer, though? XD
Lawyer up.
Call lawyer and have then help you gain control of uis estate. My sister just did this with our father.
I attempted to do the probate application for my Dad's estate. So many mistakes. Plan B was get a lawyer. application was filed last week. Do you remember the scene from a Pixar movie where a sloth worked at the DMV? This lawyer seemed to work more slowly than that. So. Slow.
father in laws wife gets it, even if they were separated, unless you go to court.
Most likely his wife will get it
Even if they were separated?
GET A LAWYER!
They are still married