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unknown executor, no will

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jezelda

Junior Member
What is the name of your province? Manitoba. I'm a Canadian and I really need help.
My mother died about a year ago. I was living outside the country in Taiwan, where I still presently live. My mother had a common-law spouse (they had lived together for 5 years) Since my mother was on social assistance, I assumed that she had no estate. But apparently, she had a pension worth about 75,000CDN. She had no will, and I believe that the common-law spouse appointed himself executor of the will, and now he is in possession of the entire estate. My mother and him were also paying a morgage on a house. He has refused to tell me who the executor was, and even give me a copy of the death certificate. I also have a younger sister, who lived with them at the time, and the common-law spouse kicked her out a couple months after my mother's death. We are both of legal age, I'm 22 and she is 20. He refuses to give us any of her property(just sentimental value) and even threatened that he would throw away her urn(she was cremated) My sister and I received no information, and when we ask about her estate, he says that it's locked in a LIRA, and even he can't touch it, but we can have it after he dies. I think he is trying to keep all the money.
I won't return to Canada until late September, but I'm worried it's already been too long. What can I do? Was he legally allowed to appoint himself executor, and if you do appoint yourself executor, are you legally allowed to appoint all monety and estate to yourself without any input from the family? Is a common-law spouse considered next of kin?
Another thing that really bothers me is that he lived with my mother fro 5 years, they never married. One month after her death he got a new girlfriend, who moved into his and my mother's house 3 months after, and now are planning to be married next month! I seriously think that he is trying to pull a fast one. Can someone please give me some advice, I really don't know what to do. Thank you so much in advance for anyone who replies.
 


BlondiePB

Senior Member
jezelda said:
What is the name of your province? Manitoba. I'm a Canadian and I really need help.
My mother died about a year ago. I was living outside the country in Taiwan, where I still presently live. My mother had a common-law spouse (they had lived together for 5 years) Since my mother was on social assistance, I assumed that she had no estate. But apparently, she had a pension worth about 75,000CDN. She had no will, and I believe that the common-law spouse appointed himself executor of the will, and now he is in possession of the entire estate. My mother and him were also paying a morgage on a house. He has refused to tell me who the executor was, and even give me a copy of the death certificate. I also have a younger sister, who lived with them at the time, and the common-law spouse kicked her out a couple months after my mother's death. We are both of legal age, I'm 22 and she is 20. He refuses to give us any of her property(just sentimental value) and even threatened that he would throw away her urn(she was cremated) My sister and I received no information, and when we ask about her estate, he says that it's locked in a LIRA, and even he can't touch it, but we can have it after he dies. I think he is trying to keep all the money.
I won't return to Canada until late September, but I'm worried it's already been too long. What can I do? Was he legally allowed to appoint himself executor, and if you do appoint yourself executor, are you legally allowed to appoint all monety and estate to yourself without any input from the family? Is a common-law spouse considered next of kin?
Another thing that really bothers me is that he lived with my mother fro 5 years, they never married. One month after her death he got a new girlfriend, who moved into his and my mother's house 3 months after, and now are planning to be married next month! I seriously think that he is trying to pull a fast one. Can someone please give me some advice, I really don't know what to do. Thank you so much in advance for anyone who replies.
Sorry, as stated at the top of every page, this site is for U.S. Law Only. See a local probate attorney in Canada.
 

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