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Sunday, October 8, 2017

Please vote for us as your fave law blog!

Well, friends, some of you must have nominated me for "fave law blog" since I made the candidate's list. Many thanks and I'd make you all chocolate chip cookies if I could. In the meantime, voting is now open and you can click here to vote for this blog.

4 comments:

  1. Legally there is no other greater blog on the planet & god knows I have searched and only found help from Lynne Butler. god bless her work is helping to create a better life for all Canadians. thank you for being who you are.

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    Replies
    1. Well thanks, Trudi. Much appreciated.

      Lynne

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  2. Hi Lynne,

    What a wonderful blog you have it has been a fountain of information.I have put in my vote! I also have a few questions that you may be able to help me with.
    I am currently living in my parent's home, and I am wondering if my sibling can kick me out or remortgage the home. My mom had left it to both of us. Mom also stipulated that I be able to stay in her home for 2 years after her death. Due to the horrible economic situation of Alberta and my medical condition I have been having issues with raising enough funds to buy her out. She agreed to allow me to stay on after the 2 years but would revisited. Recently she said she wanted to remortgage the home. The will has not been probated yet.
    Both my parents are deceased, my father passed away in 2010 and my mother in 2014.From the time I was 15 I was taking care of my ailing parents up until both their deaths ( I am 38 now). My sibling wasn't interested in helping them and was cruel to my mother which got worst when my father passed.She had a falling out with our mother, due to her wanting control of my father's estate. During that time my mother wrote a living will stating that I am the sole beneficiary. I was her caregiver, my family lived with her. Unfortunately I inherited her health condition, the same condition that contributed to her death. While I was recovering from heart surgery and my mother was admitted in the hospital, weeks later the doctors told us that she was palliative. It was only then that my sister would visit her. My mom brought to my attention that during these visits she would bring up mom's will, at first it would be gently but when mom would change the subject or tell her it was in order my sibling would get very agitated and upset. This eventually ended up in mom changing the will to include my sibling,as she knew how vicious my sibling was and she did not want me to be harmed by her.

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    Replies
    1. Your mother passed 3 years ago. Probate should long ago have been obtained by the executor she appointed within her will.

      If your mother's estate has not been probated, then ownership of the house cannot be transferred to you and your sister. I doubt either of you would be able to remortgage a property you don't own.

      Was the home's ownership fully transferred to your mother after your father's passing? If not, there maybe further complications with the home's ownership.

      Once ownership has been transferred to your mother's estate, if you can't buy your sister out, it may be more practical for the estate executor to sell the home directly and for you to use your share to assist in relocating to an alternate location. Not a good idea to transfer title to both you and your sibling.

      The matter of undue influence by your sibling to force your mother to change her will, would be a matter which would require proof. Is proof available which would support legal action? If so, you may wish to discuss the matter with a lawyer specialising in estate litigation.

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