Legal Question in Family Law in Canada
fathers estate in Canada
My family lives in New York State, my parents moved to Bay of Quinte over ten years ago, my Mom passed away in 2001 and Dad did not want to hear about my Moms will so we left it alone as the origininal will he had left everything to myself brothers and sister. Dad remarried andmade another will leaving his estate to myself brothers and sister. His second wife left him after a year of marriage as he was going blind and she did not want to take care of him, she cleaned out the house when he came to Buffalo NY to see an eye doctor. When he got home he found she left and took everything. He did not divorce her as he had a lot of health problems and could not go through a lot of trauma and we (us kids) all live in Buffalo and I traveled once a week back and forth to take care of my Dad and had nursing staff there during the wek to take care of my Dad. I am now trying to sell his home as we do not live there nor care to live there as we all have families and jobs here in the states. My Dads second wife has put a block on the sale of the house through the Estates Office stating she should be receiving half of the estate. The will was made when they were together and NO WHERE in the will does he leave her anything. I am stuck,Please help
1 Answer from Attorneys
Re: fathers estate in Canada
The present wife may have a claim on the estate.
But since she deserted him, a claim can be made to exclude her from the estate.
It may take time, but you should act now,
If you would like to discuss this matter further, please feel free to contact me.
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