Question:
An elderly passed away this month most likely without a Will. Due to health issues, house and payments were under a “guardianship”. She left behind adult children.
Where do we start to transfer control back over to adult children? Also she got divorced a long time ago. Does the ex have any rights to assets if there is no Will? Goal is to protect children.
Answer:
I gather that the office of the Public Guardian and Trustee is in control of the assets at this point. You can either allow them to continue with the estate administration or intervene and take over at this point.
Many times the wind up of a marriage starts out with a separation and even a Petition for Divorce. What is needed is the actual Final Divorce Absolute Order. If that’s the case, the former husband has no equitable interest in the estate. However, if finalization of the financial payment(s) was not complete, he would still be owed funds under the Succession Law Reform Act.
The office of the Public Guardian and Trustee will still have to complete the existing administration. This is the right time to engage a lawyer who handles estates.
The beneficiaries will all have to update their own Wills to ensure that there are no further issues which would complicate matters.
Brian Madigan LL.B., Broker