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Step Brother's estate contesting my mother's will - ONTARIO CAN

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kel_g

New member
Hello - I will try to condense this as much as possible. My step father passed in 2014, his will gave everything to his wife of 30yrs, my mother - although there was nothing to give, he had a large amount of debt when he passed. My step brother was told this and didn't question it, he received my step father's truck before he passed. My mother, my sons and I have lived together since 2009. In 2015 my mother revised her will to account for her husband's death. I was made the sole beneficiary and should I predecease her my sons would inherit. In 2018 my mother added me on to her bank accounts and title on the house. She was advised to do this to avoid any probate issues in future. My mother passed in March 2019 after a year long battle with cancer. My step brother had checked in periodically since 2014 but we had not seen him in about 4 years and would receive a call every 6-12 months. Every time we reached out to him his cell phone had been disconnected. After my mother's passed we spoke possibly 4 times with hopes to see each other in the near future. There was never any talk of money or inheritance brought up. Unfortunately my step brother passed away October 30, 2019 from a suspected overdose. I attended his memorial with my sons and my step father's family and paid my condolences to his mother (whom I'd never met). My step brother lived with his mother throughout his childhood and visited us on the weekends and vacations. Today I received a call from my step brother's mother asking about my mother's estate and if she had left anything for him. I advised her that she had not, that I was the sole beneficiary of the estate. She did not think it was fair that there were 2 children and only 1 received anything. She questioned me about my step father's estate and I was honest in explaining that my step father left no assets only a debt of $70k+ (my step father was not good with money and we found out after his death that he had wired money regularly to my step brother and like to gamble online). The house was in my mother's name solely. She thought my brother's estate (herself) should be entitled to my mother's estate. I ended the conversation at this point with a suggestion that if she feels it necessary please have her lawyer contact my mother's estate lawyer. My question: Does she have any standing? As far as I can see from online searches in Ontario a spouse, minor dependent or dependent cannot be excluded from a will, but there is nothing about this unique situation of the estate of a deceased adult (37) step-son (who never resided with his step mother or father and has not been in contact with our family physically since 2015) threatening to contest his step mother's will.
I know I said condensed version but that's about the best I could do. Has anyone come across this situation? Am I crazy to believe this woman is out of line?
TYIA
k
 


LdiJ

Senior Member
Hello - I will try to condense this as much as possible. My step father passed in 2014, his will gave everything to his wife of 30yrs, my mother - although there was nothing to give, he had a large amount of debt when he passed. My step brother was told this and didn't question it, he received my step father's truck before he passed. My mother, my sons and I have lived together since 2009. In 2015 my mother revised her will to account for her husband's death. I was made the sole beneficiary and should I predecease her my sons would inherit. In 2018 my mother added me on to her bank accounts and title on the house. She was advised to do this to avoid any probate issues in future. My mother passed in March 2019 after a year long battle with cancer. My step brother had checked in periodically since 2014 but we had not seen him in about 4 years and would receive a call every 6-12 months. Every time we reached out to him his cell phone had been disconnected. After my mother's passed we spoke possibly 4 times with hopes to see each other in the near future. There was never any talk of money or inheritance brought up. Unfortunately my step brother passed away October 30, 2019 from a suspected overdose. I attended his memorial with my sons and my step father's family and paid my condolences to his mother (whom I'd never met). My step brother lived with his mother throughout his childhood and visited us on the weekends and vacations. Today I received a call from my step brother's mother asking about my mother's estate and if she had left anything for him. I advised her that she had not, that I was the sole beneficiary of the estate. She did not think it was fair that there were 2 children and only 1 received anything. She questioned me about my step father's estate and I was honest in explaining that my step father left no assets only a debt of $70k+ (my step father was not good with money and we found out after his death that he had wired money regularly to my step brother and like to gamble online). The house was in my mother's name solely. She thought my brother's estate (herself) should be entitled to my mother's estate. I ended the conversation at this point with a suggestion that if she feels it necessary please have her lawyer contact my mother's estate lawyer. My question: Does she have any standing? As far as I can see from online searches in Ontario a spouse, minor dependent or dependent cannot be excluded from a will, but there is nothing about this unique situation of the estate of a deceased adult (37) step-son (who never resided with his step mother or father and has not been in contact with our family physically since 2015) threatening to contest his step mother's will.
I know I said condensed version but that's about the best I could do. Has anyone come across this situation? Am I crazy to believe this woman is out of line?
TYIA
k
I am so sorry, but this forum is for US law only, and while both the most of the US and Canada are based on English Common Law, the laws of the two countries really are different.

However, based on the fact that he was your mother's stepson, and based on the fact that the assets appear to have passed outside of probate, my guess is that his estate is SOL. However you would want to verify that by getting a consult with a local attorney (or solicitor if that is what you call them).
 
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