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Lurkasaurus
Join Date: Apr 2004
Location: SK, Canada
Posts: 930
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Father passed without a will
Hello Everyone
My father passed away in an accident in his home a little while ago and I'm just getting to the point where I can begin to settle his estate. He did not leave a will. My sister and I are the sole descendandts and think we have the documentation for his property and financial instruments, but we're not sure. I've read the intestate succession law from our provincial justice website and it seems pretty clear, but I'm no lawyer. I would greatly appreciate any advice on the proper course of action or what to expect. Thanks alot.
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Tony '77 930 "Objects in mirror are losing" "Oh cock..." - James May Last edited by turbocarrera; 04-04-2007 at 09:32 PM.. |
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Registered
Join Date: Oct 2005
Location: Socal
Posts: 1,990
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Sorry. I cannot help with any advise.
Sorry for your lost. Lost my dad a couple of yours ago and I know it can be tough. Hang in there.......
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Luis "once was - Wickd89" Carrera 3.2 - "Faster, Stronger, Better" -- 2008 Toyota Camry SE V6 (mine) -- 2005 Toyota Sienna (hers) -- 1989 911 Carrera Cabriolet -SOLD |
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Registered
Join Date: Apr 2001
Location: Linn County, Oregon
Posts: 48,623
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I hope that you and your sister get along. You will probably need a lawyer, one experienced in probate matters.
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"Now, to put a water-cooled engine in the rear and to have a radiator in the front, that's not very intelligent." -Ferry Porsche (PANO, Oct. '73) (I, Paul D. have loved this quote since 1973. It will remain as long as I post here.) |
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Been there, done that, sorry for your loss. Get a lawyer, have you or your sister made executor of the estate, catalog, appraise & satisfy all debts and I hope you and you sister get along well and are reasonable. Good luck.
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Byron ![]() 20+ year PCA member ![]() Many Cool Porsches, Projects& Parts, Vintage BMX bikes too |
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Registered
Join Date: Jun 2005
Location: Hamburg & Vancouver
Posts: 7,693
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Sorry about your loss. Go to a bookstore and get a Probate Guide. Or order one from Amazon. That will answer most of your questions and save you some money spinning wheels with a lawyer.
Assuming your father did not leave a lot of creditors, the process for probating the estate should be straightforward.
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_____________________ These are my principles. If you don't like them, I have others.—Groucho Marx |
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Registered
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Sorry for your loss. Probate is a Bi--h...and I hope you get it all worked
out. Hire a good probate attorney. The rest of us had better start making our arrangements for final departure too. Death is not a taboo topic, imo....it is what it is and we need to be ready for it to take care of our loved ones on the back end. |
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Semper drive!
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Quote:
My sincere condolences for your loss. This is a time that is rarely easy for anyone. One thing to try to keep in mind while you handle everything is that, for the most part, this is a series of business transactions. I was the administrator of my mother's estate when she passed, 7 years ago, without leaving a will. Paying the debt and managing her monetary interests was the easy part. Splitting everything between my three brothers, my sister and I proved to be the challenge. You want to consider everyone's feelings, but at the same time, you need to be mindful of the fact that as time heals the pain, sometimes the "not so pretty" side of some people will surface. There is a good chance someone is not going to be happy with what they got. To protect the estate, and also to protect the administrator, it is always a good idea to seek the advice of counsel. Since there is only you and your sister, I sincerely hope you are able to come to an amicable decision as to how things are divided. Randy
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84 944 - Alpine White 86 Carrera Targa - Guards Red - My Pelican Gallery - (Gone, but never forgotten )One Marine's View Igitur qui desiderat pacem, praeparet bellum |
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The Unsettler
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GET
A LAWYER!
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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Just a big kid really...
Join Date: Mar 2005
Location: Gippsland Gourmet Country, Australia
Posts: 1,233
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Quote:
When Dad passed away he left a recent will (bugger knew he was dying - wish he had told us)...it was very straight forward and I was the executor. Everyone knew his wishes and no-one *****ed or argued...BUT I still hired the family lawyer to ensure that everything was covered from the legal perspective. If nothing else, it gave me piece of mind that I got the job done right. |
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Cars & Coffee Killer
Join Date: Sep 2004
Location: State of Failure
Posts: 32,246
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I have no idea what the probate laws are in Canada. Get a lawyer.
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Some Porsches long ago...then a wankle... 5 liters of VVT fury now -Chris "There is freedom in risk, just as there is oppression in security." |
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Registered
Join Date: Mar 2003
Posts: 10,377
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Get a lawyer, and don't fight amongst yourselves. When the kids start fighting, the only people who walk away with anything when it is all settled are the lawyers...
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“IN MY EXPERIENCE, SUSAN, WITHIN THEIR HEADS TOO MANY HUMANS SPEND A LOT OF TIME IN THE MIDDLE OF WARS THAT HAPPENED CENTURIES AGO.” |
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19 years and 17k posts...
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My grandfather died last February with a valid will, but no living trust, so our family had to hire a lawyer and go through Wayne County, MI Probate and it took a year to get the estate (house) straightened out because we had a Quit Claim Deed to the house and it didn't stipulate "rights of survivorship", or something like that. We had to take care of the house, pay all bills, make repairs, etc... until it was all cleared up and out of Probate. Not alot of fun, but it could have been worse as everything was uncontested, which helped us get through the Probate process a little faster. Get a good Probate lawyer, they really help! Good luck!
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Art Zasadny 1974 Porsche 911 Targa "Helga" (Sold, back home in Germany) Learning the bass guitar Driving Ford company cars now... www.ford.com |
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A Man of Wealth and Taste
Join Date: Dec 2002
Location: Out there somewhere beyond the doors of perception
Posts: 51,063
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The Dog gets everything.....
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Copyright "Some Observer" |
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