Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 10-27-2016, 08:21 AM
Senior Member
 
Join Date: Mar 2016
Location: Kingston, ON
Posts: 182
Bellbaby is on a distinguished road
Default

Read above, read my other reply about the Succession Law Reform Act. You may have something on it...

I believe it is civil court you pursue the matter in. Probate is only six months now, I believe. So you need to act fast if you are going to contest the will.
Reply With Quote
  #12 (permalink)  
Old 10-27-2016, 08:34 AM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,298
Janus will become famous soon enough
Default

If there is an order for CS, does that not create a claim on the estate that would have to be dealt with before the BIL took off with the life insurance money?
Reply With Quote
  #13 (permalink)  
Old 10-27-2016, 08:36 AM
Senior Member
 
Join Date: Mar 2014
Posts: 2,899
rockscan will become famous soon enough
Default

What was the clause in the agreement though. Technically they are supposed to have a policy that covers remaining child support and s7 school expenses. You would need to determine what his cs amount was when he died then calculate the remaining months of cs and possibly his portion of school. In the end it probably works out to $40000 each. Case in point, if my partner was to die today his remaining cs for his 16 yo would amount to $30,000 with $10,000 for school. And yes he had a lawyer figure this out because one of his insurance policies is expiring and their agreement states if any policy becomes renewable they have to determine the remaining cs and s7 and ensure there is coverage. The rest of his estate can go wherever he wants. His kids could realistically be cut out of all of it.

You have to let it go that your bil has money, got money and lives high on the hog. Your ex didnt want your kids to have anything for whatever reason. Is this cruel and vindictive? Yes. Are you willing to waste thousands you dont have to fight a battle you cant win? Thats your decision. Its terrible and unfair but thats how life goes. You could still be married and he had no insurance. At least they are getting 40 grand. Cut your loses and move on.
Reply With Quote
  #14 (permalink)  
Old 10-27-2016, 09:13 AM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,035
Berner_Faith will become famous soon enough
Default

One thing you have to understand is that your children are not entitled to everything or even the majority of what their father had. His only obligation is CS and S7 expenses... if he left them $40k each, given their ages, that is basically his obligations, unless you can prove he owed more than that over the next few years. He had the right to split up the rest of his assets and life insurance as he wished. He did not have to leave more money to his children just because he had it. Does it suck for the children? Sure, but a life lesson here is that people do not have to support one another past their obligations. My parents are pretty well off as well... they are still together... should they pass, they have the right to leave their estate and money to whomever they wish. It could be split between the four kids or it could be left to just one of us. That is up to them... at this point their only true obligation is to my 14 year old brother and even then, they only "owe" him until he is an adult.

I understand your hurt for your children, but you don't have the money to fight this and lose. This isn't an easy win and you will be putting yourself and your children in a worse position than you are now.
Reply With Quote
  #15 (permalink)  
Old 10-27-2016, 09:18 AM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,298
Janus will become famous soon enough
Default

Quote:
Originally Posted by sjandme View Post
So all my kids get is $40K from that same life insurance policy to cover their child support, some kind of CPP payment for a few years and that's it.
Missed that in the original post. CS is already being covered. The kids are owed nothing else. Calling this a difficult case to win is being generous, it is almost impossible.

At least he is dead. I'd be pretty happy if my ex died.
Reply With Quote
  #16 (permalink)  
Old 10-27-2016, 03:18 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,836
stripes is on a distinguished road
Default

(At the risk of sounding like I'm providing therapy to a stranger on the internet ...)

I wonder if seeking to have the estate redirected to your kids is a way of seeking some kind of closure after your ex's death? Alcoholism is a terrible thing - it takes away the person that the alcoholic once was long before they actually physically die (you allude to the different person that you first married, compared to the angry and sick person your kids knew). This makes the whole experience of grieving more complicated because you have to reconcile both the loss of the person that you married and the final loss of the stranger who came to inhabit his body. Trying to make things "right" through the distribution of his estate could be a last attempt to hold onto the person he once was, who was fair-minded and considerate and would have wanted his kids to share in his estate.

Or I could be completely off base.

No matter what, it sounds like it would be a big gamble to contest the will. Your ex had the right to leave his estate to whom he chose. His brother should do the right thing and direct some of the proceeds to the kids, but if his brother is a jerk (and alcoholics often come from families of jerks), I don't think there's a way to force him to do so. The kids are getting the equivalent of CS from the remainder of the insurance policy, which is similar to what they would have received if he had lived. It's not fair and it's miserable, but I think that if you spent a lot of time and money contesting it, you could make a crappy situation worse.

(I'm glad to hear you held a sort of memorial for him with the kids, even though they have no good memories of him - that takes a very generous spirit).
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
CPP splitting. wmike Divorce & Family Law 5 02-27-2007 10:20 AM
Legal Advice Please..Jeff, Lindsay In-Law Trouble Divorce & Family Law 0 12-23-2006 03:31 PM
Legal Aid serrona Divorce & Family Law 1 10-27-2006 07:00 PM
I am a child seeking legal advice childofdivorce Divorce & Family Law 1 07-13-2006 02:30 PM
Need Legal advice about what I can post jonbon General Chat 5 10-18-2005 06:53 PM


All times are GMT -4. The time now is 01:52 PM.