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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

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  #11 (permalink)  
Old 10-29-2013, 12:27 PM
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Thanks.
As to why was the son left out, that was between my ex and his adult son. I don't know. It was a dysfunctional relationship.
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  #12 (permalink)  
Old 10-29-2013, 12:39 PM
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He was married to his ex for at least 13 years, and his pension was worth 21k when they divorced. She is entitled to a portion of that amount. You are entitled to a portion for the years you were married (if that clause was in your divorce agreement). The amounts that would have been his become part of the estate and go to the beneficiaries.

You received the life insurance papers. Did you fill them out and return them? And you still haven't received the payment? Is it a significant amount to aid in supporting your children?

You were not named in his will. Your children were, and he arranged for the executor to disburse the children's amounts until your youngest is 25. That's to ensure that money is used for the children. Once your youngest is 25, both children will be paid out what is left owing. The disbursements should include CS and education/medical expenses.
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  #13 (permalink)  
Old 10-29-2013, 01:07 PM
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Thanks
The relationship with his son was dysfunctional and the reasons are between my ex and the son. Adult in age does not equal common sense or maturity. Lawyering up for a long haul I'm sure.
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  #14 (permalink)  
Old 10-29-2013, 01:48 PM
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Quote:
Originally Posted by 2nd ex wife View Post
Thanks
The relationship with his son was dysfunctional and the reasons are between my ex and the son. Adult in age does not equal common sense or maturity. Lawyering up for a long haul I'm sure.
Which any money that would be available will most certainly be eaten up by the lawyers...very unfortunate
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  #15 (permalink)  
Old 10-29-2013, 04:19 PM
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Quote:
Originally Posted by 2nd ex wife View Post
I'm the second ex..we had been divorced for 2 years when my ex died having surgery. We have 2 kids for whom I'm still getting support To my surprize he left me his pension and life insurance. I am the named beneficiary. It's been four months and I haven't seen a penny. The first ex ( divorced 1992) has put in a claim for the money. She remarried in 1994 but had a clause claiming part of our ex's pension once he retired. He died before retirement. He had a valid will and she and her adult child were not named to receive anything. She did receive child support and alimony.
Is she going to get the money I need to raise my kids?
I have just started representing my dads estate as co-executor, to get probate and a clearance certificate from CRA will take longer than 4 months, much longer. It could be up to 2 years. Only when CRA grants the clearance certificate can we start distributing the estate.

If you need funds from the estate before that time I think you have to show your court order for child support.

In any event I think you should consult with a lawyer to find out what your rights are.
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  #16 (permalink)  
Old 10-31-2013, 09:40 PM
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Originally Posted by frustratedwithex View Post
Only when CRA grants the clearance certificate can we start distributing the estate...
You can distribute funds before that... just make sure you hold enough back to cover lawyer/accountant/taxes.
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  #17 (permalink)  
Old 11-07-2013, 04:19 PM
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Quote:
Originally Posted by 2nd ex wife View Post
I'm the second ex..we had been divorced for 2 years when my ex died having surgery. We have 2 kids for whom I'm still getting support To my surprize he left me his pension and life insurance. I am the named beneficiary. It's been four months and I haven't seen a penny. The first ex ( divorced 1992) has put in a claim for the money. She remarried in 1994 but had a clause claiming part of our ex's pension once he retired. He died before retirement. He had a valid will and she and her adult child were not named to receive anything. She did receive child support and alimony.
Is she going to get the money I need to raise my kids?
This going to take longer than 4 months when someone other than the beneficiary also makes a claim.

Quote:
Originally Posted by paris View Post
You can distribute funds before that... just make sure you hold enough back to cover lawyer/accountant/taxes.
In my case I probably can distribute funds before the final CRA certificate. Its a simple estate and no one other than the named beneficiaries to distribute funds to. The posters situation is more messy and will take time to settle. If she has a family law claim to the estate, she needs to bring this forward, and see a lawyer.
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