Ok.
1st
Recently my Gradfather passed.
We maybe having some issues with his wife( not my grandmother) they have been married maybe 4 years at best.
We( my family/dad) have been left some of his property. Including his home.
Where do we stand on removing said "wife" from the home.
She has family, and "gave" her home, lake cottage and other property to her kids when she moved in with my grandfather.
Are we under obligation per "family" law or any crap to let her stay in this house!
Is there any place to look/ask for advice.Anyone ever deal with these issues?
My folks have to head up in 3 days to deal with the legal issues and im trying to gather as much info as i can.
I can give more info if need be . But pretty much some of us for personal reasons would rather her not be in that home.
My Dad is Canadian as is my sister if that means anything.
I have not tried yet to become Canadian if i even can . I do not wish to denounce my US citizenship!
thanks for any help
I am not a lawyer so take this for what it's worth but..
If they were married..then you might have a real battle to remove her.
The best suggestion I can come up with is for your parents to contact a lawyer up here as soon as they arrive..before they do anything else.
I am not a lawyer either, but a google search came up with for the province of Ontario;
http://maxinemkerr.ca/rights.html
1. Rights of a Surviving Spouse to Property
In Ontario, pursuant to Section 5 of the Family Law Act, a surviving spouse is entitled to 50% of the difference between the respective “net family properties” of the surviving spouse and the deceased spouse. For these purposes, a “spouse” is only a married spouse. “Net family property” is the value of all property owned by each spouse as at the date before the date of death (the applicable “valuation date” in these circumstances), less the amount of liabilities as at this date, less the net value of property owned on the date of marriage, less the value of property owned on the date before the date of death from or that can be traced to an inheritance or gift from a third party received during the marriage. This calculation is completed for each spouse. To the extent that there is a difference between the net family properties, that difference is “equalized”. For more detail regarding this calculation, see the discussion in the family law section of this website.
2. Rights of a Surviving Spouse to Possession of a Matrimonial Home
A matrimonial home is defined by the Family Law Act to be “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of the separation ordinarily occupied by the person and his or her spouse as their family residence”. Only married spouses may have a matrimonial home. When one spouse dies, the surviving spouse is entitled by the Family Law Act to possession of the matrimonial home for a period of sixty days following the death of the first spouse. Of course, this basic entitlement can be improved upon by virtue of ownership, the terms of a marriage contract, or the terms of the will of the deceased spouse.
Best they get to a lawyer ASAP.
Good Luck
Originally Posted By nosce_te_ipsum:
I am not a lawyer either, but a google search came up with for the province of Ontario;
http://maxinemkerr.ca/rights.html
1. Rights of a Surviving Spouse to Property
In Ontario, pursuant to Section 5 of the Family Law Act, a surviving spouse is entitled to 50% of the difference between the respective “net family properties” of the surviving spouse and the deceased spouse. For these purposes, a “spouse” is only a married spouse. “Net family property” is the value of all property owned by each spouse as at the date before the date of death (the applicable “valuation date” in these circumstances), less the amount of liabilities as at this date, less the net value of property owned on the date of marriage, less the value of property owned on the date before the date of death from or that can be traced to an inheritance or gift from a third party received during the marriage. This calculation is completed for each spouse. To the extent that there is a difference between the net family properties, that difference is “equalized”. For more detail regarding this calculation, see the discussion in the family law section of this website.
2. Rights of a Surviving Spouse to Possession of a Matrimonial Home
A matrimonial home is defined by the Family Law Act to be “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of the separation ordinarily occupied by the person and his or her spouse as their family residence”. Only married spouses may have a matrimonial home. When one spouse dies, the surviving spouse is entitled by the Family Law Act to possession of the matrimonial home for a period of sixty days following the death of the first spouse. Of course, this basic entitlement can be improved upon by virtue of ownership, the terms of a marriage contract, or the terms of the will of the deceased spouse.
Best they get to a lawyer ASAP.
Good Luck
they are.I told them to get one ASAP as well , or least on hold in case she got really stupid!
They had a pre-nup and also the Will has it locked down pretty good where things go.
Ill pass on some of the info to my Dad. Thanks
