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  #1  
Old 10-21-2009, 08:43 AM
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Do I have a chance contesting this will?

Here’s my story.

My husband passed away recently. In his Will he left me the house ($700,000) and $250,000 dollars. While we were together he managed to put $780,000 into RRSP’s in my name and named me as the beneficiary of a $130,000 life insurance policy. This is all the Will states I am to receive.

He also has his business, he valued at $11,000,000 dollars. He left the business to his 4 sons.

The 4 sons had the business appraised at $7,000,000. They are saying their farther was way off when calculation the value of his business. Inside the business and additional to the value of the business there is $2,000,000 in investments.

They tell me that with the business valued at $11,000,000, it looked like my husband was trying to leave me 20% of his estate. They are also telling me that with the business only worth $7,000,000, that 20% of his actual worth would not include he $750,000 in GIC’s.

The tax implications for my husband’s death are $1,300,000 in personal tax, and if the business was sold the day he died, there would be an additional $1,300,000 in corporate tax to be paid.

In a safe in my house I found a work sheet he had been working on. On it he has my name beside an additional $750,000 worth of GIC’s.

I was never married to my husband, but figure after 19 years of being together, it’s the same. I did sign a Prenup before I moved in with him 18 years ago.

Here’s my question.
Does the Worksheet have any merit? With this, do I have a chance to contest the Will and receive the additional GIC’s?

Thanks for your help.
  #2  
Old 10-21-2009, 10:02 AM
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Since you mention RRSP, I assume you are in Canada(?). This board is US Law Only. (And it is tough enough since each state has its own probate code and body of case law.)

Millions at stake... never married... lived together for 19 years... a "prenup"...

You need to consult an attorney.
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  #3  
Old 10-21-2009, 10:38 AM
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Don't know your inheritance tax laws in Canada, but you may WANT this money to go to them as opposed to you to avoid an additional future inheritance taxation. Get some professional financial planning / tax planning assistance.

I've been trying to get it out of my estate, and move as much money to my kids as I can each year.
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Last edited by Kiawah; 10-21-2009 at 10:42 AM.
  #4  
Old 10-21-2009, 12:44 PM
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With an estate of this magnitude, you need a probate lawyer of your own to evaluate all of your options.
  #5  
Old 10-21-2009, 01:08 PM
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Ignoring all the numbers, do you think that with this worksheet in his writing I have a chance to win?

Thanks
  #6  
Old 10-21-2009, 01:12 PM
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A worksheet will be helpful in your case, to show his intentions, but it is not ACTUAL PROOF of anything. The other side is going to say that YOU made it up. As a surviving spouse you are in a stronger position to have a claim to assets and your attorney can best advise you how to proceed.
  #7  
Old 10-21-2009, 01:13 PM
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Quote:
Originally Posted by sherry111 View Post
Ignoring all the numbers, do you think that with this worksheet in his writing I have a chance to win?

Thanks
I find a "wife" who never "married" her "husband" to be very suspect...
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  #8  
Old 10-21-2009, 01:19 PM
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He had married twice before and didn't want to do it again.

Thanks.
  #9  
Old 10-21-2009, 01:21 PM
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Quote:
Originally Posted by sherry111 View Post
He had married twice before and didn't want to do it again.

Thanks.
Which means that he didn't want another wife. Therefore, you were not his wife.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #10  
Old 10-21-2009, 02:51 PM
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Thank you Zigner for your candour. I like the definite answers better than the beating around the bush. Looks like there are 2 "maybe" and 1 "no" to my original question. Any other opinions out there?

Thanks
  #11  
Old 10-21-2009, 02:54 PM
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Quote:
Originally Posted by sherry111 View Post
Thank you Zigner for your candour. I like the definite answers better than the beating around the bush. Looks like there are 2 "maybe" and 1 "no" to my original question. Any other opinions out there?

Thanks
The MOST important thing you can take from this thread is that this forum is for US LAW ONLY.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #12  
Old 10-21-2009, 04:50 PM
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Join Date: Oct 2009
Posts: 5
I understand this is for US law. I can't find a Canadian sight. I haven't gone to a lawyer yet. I just want to get a feeling from others as to whether they think I can win, or even if they think I am wrong in proceeding with this. My friends all say I'm right, and I'm sure all the boys' friends say they are right. This thread is more of a impartial opinion place for me.

The Will says one thing, but his Worksheet says another.

Thanks
  #13  
Old 10-21-2009, 04:54 PM
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Join Date: Jan 2005
Posts: 21,726
Quote:
Originally Posted by sherry111 View Post
I understand this is for US law. I can't find a Canadian sight. I haven't gone to a lawyer yet. I just want to get a feeling from others as to whether they think I can win, or even if they think I am wrong in proceeding with this. My friends all say I'm right, and I'm sure all the boys' friends say they are right. This thread is more of a impartial opinion place for me.

The Will says one thing, but his Worksheet says another.

Thanks
In the US - the will governs.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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