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JamesKim

Junior Member
Hi, I don't know if this is the right site to post this or not, and I am not sure where else to ask for help and advises, but here. I am totally confused as of what to do. I from Toronto, Ontario Canada. I really need someone's help and advises! I searched all over the net for Canadian law/advice forum but no luck, this is the one came up.


Ok, its been over a year now since my father passed away unexpectedly. I have 1 older sister. She and her husband has always worked with my father with the family businesses (we own 2 variety stores and 2 pizza shops) and I was/is still away for school in Toronto. My sister(not her husband) have put in some money at the beginning of the business, but my parents put in the majority of the money and used their assets(house, car etc) to get a loan from the bank.
My dad hired her husband as employees to help us out. Now, my sister would not give me or my mom any infos regarding the businesses and when they do give, they tell us false informations or they would say "You are not a share owner you don't have the privilege/right to know.". I tried very hard to find the most polite ways to approach them, to limit the damages to the family. For this reason I am afraid to get a lawyer(but I have tempted to get one) and even if I have the courage to get one I may not neccessary have the money to do so and its probably very expensive to hire one. My mom have spoken to them too, but they would not listen and she is afraid to cause troubles. She has very little understanding of western cultures/laws and knows the very basic English skills; my father has always been in charge of the family businesses and always took care of everything in the family. My mom is afraid to ask outside of the family circle for help because she doesn't want gossips floating around. My mom was thinking if they are trying to hid some of the companies money or not give the true fiscal year income of the companies to lower the worth of the companies. We know my sister has been talking to our business accountant and
our business lawyer but we do not know what they are upto. And its so strange the business lawyer hasn't informed us to meet at the law firm to settle the belongings of my father's businesses. My mom was wondering since my dad is no longer here and didn't have the chance to write up a proper will, would his shares go to my mom or divided to his kids and wife in Ontario Canada? Please help us and give us advises on what to do. We really don't know what to do! Thanks James,
 


Dandy Don

Senior Member
Is your mother this man's only wife or did he have more than one wife?

You should have gotten an attorney a year ago to open up probate. Start interviewing with 4-5 of them now (probate attorneys) until you find one willing to help you. When you tell them he owned businesses they may be willing to help you without asking for a retainer fee.

Estate will most likely be split between any surviving spouse and the children, and your attorney can also get the business mess straightened out so that sister won't take advantage of you any more.

DANDY DON IN OKLAHOMA ([email protected])
 

JamesKim

Junior Member
hi there Dandy, thanks for replying.


My mom is my dad's only wife and thanks for helping out. I am just curious why the business lawyer hasn't called the whole family together to settle my dad's assets yet.
I was also suprised when the funnal home asked who is the wills executor. My sister said it was her, something my mom and I knew nothing about and we were shocked.

Is it possible for my sister to have everything(the businesses) which was owned by my dad
switched to her name without the rest of the family present or knowin? I mean doesn't law requires the whole family to be present for the settlement of my dad's assets ? thanks
 

Dandy Don

Senior Member
Sister is trying to cheat you all out of your money and thinks you won't find out about it. That is why YOU NEED TO GET AN ATTORNEY AS SOON AS POSSIBLE so that legal proceedings can begin and that everything she does can be reported to the court so that there is an official record of everything and THEN everyone can be present at the disposition of the estate. The longer you wait the better chance she has to steal and get away scot free because you didn't do anything.
 

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