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Lurkasaurus
 
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Join Date: Apr 2004
Location: SK, Canada
Posts: 930
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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Last edited by turbocarrera; 04-04-2007 at 09:32 PM..
Old 04-04-2007, 09:26 PM
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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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Old 04-04-2007, 09:31 PM
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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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Old 04-04-2007, 09:38 PM
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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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Old 04-04-2007, 09:53 PM
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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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Old 04-04-2007, 10:16 PM
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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.
Old 04-05-2007, 01:32 AM
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Quote:
Originally posted by Racerbvd
...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.
Although succinct, this is the best advice.

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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Old 04-05-2007, 02:38 AM
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A

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Old 04-05-2007, 04:46 AM
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Quote:
Originally posted by stomachmonkey
GET

A

LAWYER!
+ 1!

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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Old 04-05-2007, 05:37 AM
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I have no idea what the probate laws are in Canada. Get a lawyer.
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Old 04-05-2007, 05:41 AM
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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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Old 04-05-2007, 06:55 AM
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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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Old 04-05-2007, 07:16 AM
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Old 04-05-2007, 10:55 AM
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