tag:blogger.com,1999:blog-436024129575354145.post7933547112192266347..comments2024-03-18T14:03:25.594-07:00Comments on Estate Law Canada: When I inherit, how do I keep that money out of the hands of my spouse?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger108125tag:blogger.com,1999:blog-436024129575354145.post-83405193754535583782020-10-03T14:02:39.208-07:002020-10-03T14:02:39.208-07:00Hi Lynne, I recently received an inheritance from...Hi Lynne, I recently received an inheritance from a parent. I have kept it in a separate account.<br />If I add funds from an RRSP in my name to the account - or money from an income tax refund (My spouse & I file separately) - does that give my spouse access to the inheritance in the event of a divorce?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-77417173000044997532020-09-13T13:11:12.655-07:002020-09-13T13:11:12.655-07:00If your wife leaves a valid will that disposes of ...If your wife leaves a valid will that disposes of her property, that should be the deciding factor as to who gets what. She can leave them to you if she wants to, and can leave them to her family if she wants to.<br /><br />Other factors might come into play as well. For example, if she owned real estate before the marriage but the two of you have used that property as a matrimonial home, that Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-3935329810634001172020-09-11T22:25:06.429-07:002020-09-11T22:25:06.429-07:00Hello,
If my wife has money or properties before ...Hello,<br /><br />If my wife has money or properties before our marriage where my name is not on the title of the account or properties, should she pass away can her family fight to receive her the properties/money earned before our marriage? <br /><br />Thank you. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51190959460732608892020-09-09T07:59:39.226-07:002020-09-09T07:59:39.226-07:00Hi Judy,
Probably not, but obviously I have no det...Hi Judy,<br />Probably not, but obviously I have no details about the circumstances. If someone leaves you an inheritance in a will, it should specify what happens if you don't live long enough to inherit it. The usual thing would be to say that your children inherit your share. <br /><br />Another scenario would be that you do live long enough to get your inheritance but you don't make aLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11110679778798138952020-09-07T06:56:11.404-07:002020-09-07T06:56:11.404-07:00Is my separated husband of 10 years intitled to my...Is my separated husband of 10 years intitled to my inheritance Judyhttps://www.blogger.com/profile/13444826068435085985noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-60618109568274912102020-05-17T20:53:38.078-07:002020-05-17T20:53:38.078-07:00This may sound like a simple question but there ar...<br />This may sound like a simple question but there are a lot of variables.<br /><br />The wife is entitled to the husband's share of his mother's estate if the following conditions are met:<br />1. The husband outlived his mother.<br />AND 2. The husband has a will leaving everything to his wife (or, he has no children, in which case it will all go to the wife anyway).<br /><br />If Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-31876459259069788532020-05-15T07:00:31.457-07:002020-05-15T07:00:31.457-07:00Is a wife entitled to her husband's inheritanc...Is a wife entitled to her husband's inheritance of his widowed mother estate money if he passes away before the estate is settled in Ontario?<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Anonymoushttps://www.blogger.com/profile/00025331463868921274noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-25299723665074497882020-03-16T09:19:39.682-07:002020-03-16T09:19:39.682-07:00Hi Lynne,
I am in a common law relationship with ...Hi Lynne,<br /><br />I am in a common law relationship with 2 children in New Brunswick (we are the biological parents). It is very likely that I will inherit money and properties from my own parents. I understand that to keep it 'mine' I should put the inherited money into my own separate account, but how do I keep the property as 'mine' only? And, in the event of my own death, Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-6671098544383580652020-02-18T06:08:07.432-08:002020-02-18T06:08:07.432-08:00What can you do? That depends. What are you trying...What can you do? That depends. What are you trying to do? Could you narrow this down just a bit please.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-56089885153391082742020-02-17T07:53:41.783-08:002020-02-17T07:53:41.783-08:00At time of my father's death, he had a will wh...At time of my father's death, he had a will which 3 daughters were appointed executors. We have copies but not the original. There is no real estate, only bank accounts. What can we do?Blondiehttps://www.blogger.com/profile/03171233813639374696noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-72390666035280990762019-12-02T05:55:56.600-08:002019-12-02T05:55:56.600-08:00The questions you're asking are not really yes...The questions you're asking are not really yes-or-not questions. IMO, they are the kind of questions that end up being decided by a judge who hears all the facts. I'll give you my thoughts, though.<br /><br />In terms of the first question, I wouldn't count on claiming half of the inheritance. Putting something briefly into an account then immediately removing it doesn't seem to Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-69161862513618173222019-11-26T16:56:50.137-08:002019-11-26T16:56:50.137-08:00If my wife inherits money from her parents and the...If my wife inherits money from her parents and then briefly deposits the check into a joint account and then takes the money out and puts it into a separate account in her name am I still able to claim that inheritance should we ever get into a situation of a divorce.<br /><br />If someone inherits money and then takes that money from their personal account and invests it in something like real Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-55844240883457285822019-11-25T20:01:25.838-08:002019-11-25T20:01:25.838-08:00I'm not aware of a new case from BC on that po...I'm not aware of a new case from BC on that point but to be honest, I haven't looked for one. <br /><br />I can say this though - if the case was an agreement made between parties and not even decided by the courts, then it has zero impact on your son or anyone else. I don't think I've ever heard of anyone feeling bound by someone else's agreement!<br /><br />I feel as though Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-71184648956142833092019-11-24T12:12:47.981-08:002019-11-24T12:12:47.981-08:00Lynn, is there an update for BC on inheritance and...Lynn, is there an update for BC on inheritance and spouses/ex-spouses? My son is very worried and says a recent case in BC decided that spouses/exs ARE entitled to 1/2 his inheritance and has given in to pressure. It was not court decided, but through the lawyers: it's a source of great anxiety for him and I can't get the complete details. I've very concerned for the future of my QBhttps://www.blogger.com/profile/15610877817594494851noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-55384669810324461662019-11-07T09:25:41.447-08:002019-11-07T09:25:41.447-08:00Honestly, I don't know. All provinces and terr...Honestly, I don't know. All provinces and territories in Canada have a legal system based on English common law. Quebec has a civil code that is unique to that province. I'd have to research what their civil code says about it.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-14183800039384619612019-10-30T12:30:31.757-07:002019-10-30T12:30:31.757-07:00Lynne do the same rules about inheritance as descr...Lynne do the same rules about inheritance as described above apply in Quebec? Anonymoushttps://www.blogger.com/profile/01007301697500762863noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-37449989144141731542019-10-30T05:08:44.514-07:002019-10-30T05:08:44.514-07:00If your husband is willing to divorce you to get h...If your husband is willing to divorce you to get his hands on your inheritance, you're better off without him, but I know that's not your question.<br /><br />When a couple separates or divorces and they split up the assets, some things are not included in that split. One thing that is NOT split is an inheritance. So, in theory anything you inherit from your father is safe. However, you Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-59751291745068492622019-10-28T19:04:38.787-07:002019-10-28T19:04:38.787-07:00Hi Lynne,
My husband and I have a lot of issues. ...Hi Lynne,<br /> My husband and I have a lot of issues. He has been pushing me to get my father to pay our mortgage but my father said sell me the house and both of you can live in it rent/mortgage free until you're ready to move out and purchase a home.<br /> My worry is that my husband is chasing after my fathers money. His mother owns a home she can't afford and constantly had people Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11900117691784992962019-08-19T09:19:58.904-07:002019-08-19T09:19:58.904-07:00Thank you for this info.Thank you for this info.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-36311981294578336972019-08-19T05:29:40.754-07:002019-08-19T05:29:40.754-07:00Sure, you can. It's yours.
LynneSure, you can. It's yours.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-57423854535955035292019-08-18T11:35:36.440-07:002019-08-18T11:35:36.440-07:00I understand if my parents leave me an inheritance...I understand if my parents leave me an inheritance and I put it in a separate account my spouse does not have access to it. I understand that in order not to have to share it with my spouse, I must not buy for example a car that we will share, repairs on a home, anything that would be used by both of us, etc.<br /><br />I understand that if I keep this money in a separate account I could leave Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-28001580707007817452019-07-25T21:09:07.322-07:002019-07-25T21:09:07.322-07:00Yes. The contract would be in the form of a bare t...Yes. The contract would be in the form of a bare trust, a document that says that the name on the title is only there for certain purposes, but your husband doesn't have beneficial ownership. Please don't try to draft this yourself - it needs a lawyer.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-60649009042451537682019-07-24T04:40:08.479-07:002019-07-24T04:40:08.479-07:00Hi there,
My parents are in the process of tryin...Hi there, <br /><br />My parents are in the process of trying to purchase a house in my city with the idea that later it would be part of my inheritance. The bank is suggesting my husband and I be on title for the financing to go through and my mom doesn’t want my husband having any rights to the house. My question is, is it possible to have a contract written up saying he would be exempt from Anonymoushttps://www.blogger.com/profile/08199279374872607229noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-10689294085076943292019-01-08T08:46:35.727-08:002019-01-08T08:46:35.727-08:00I inherited a home when my father died. Does my hu...I inherited a home when my father died. Does my husband have any rights to it if I dont put his name on the deed? We are living in said home at the present time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-62064002377861739952018-11-07T14:52:53.875-08:002018-11-07T14:52:53.875-08:00Yes. You can make an agreement much like a pre-nup...Yes. You can make an agreement much like a pre-nup or co-habitation agreement. Or, depending on the situation, your spouse could opt out of the dower rights or family law rights that would give him/her a share of the house. <br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.com