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
 
Thread Tools
  #11  
Old 07-10-2021, 12:23 AM
sahibjee sahibjee is offline
Senior Member
 
Join Date: Oct 2011
Posts: 574
sahibjee is on a distinguished road
Default

I scanned everything, kept paper copies of the orders and endorsements (they will be needed for passport applications. shredded the rest i.e. motion & conference materials etc.
Reply With Quote
  #12  
Old 07-29-2021, 10:06 AM
ghostofaman ghostofaman is offline
Junior Member
 
Join Date: Jan 2017
Posts: 9
ghostofaman is on a distinguished road
Default

Good suggestion, thanks!
Reply With Quote
  #13  
Old 07-29-2021, 11:33 AM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 636
Stillbreathing will become famous soon enough
Default

In my case I will have to keep all the documentation for my children when my STBX passes away so that they have ammunition to sue his estate. He is missing a large chunk of his brain (literally) and requires 24/7 care which he refuses. Unfortunately his relatives talked him into leaving all of his assets to ThEIR children instead of our children. He put all of his assets in his relative’s names. My lawyer has said that by doing this he has guaranteed litigation between our children and his distant relatives after his death. I have all the court documentation from his personal injury lawsuit including medical and psychological reports, police records and of course all of our family court documentation in which he fights tooth and nail for unsupervised access then disappears off the planet for a few years then returns fighting tooth and nail for unsupervised access again. He has not made any arrangements for child support and s7 in case of his death. It’s a huge stinking mess. He also has no insight that the children remember he assaulted them ( they were present…duh), they are angry he never took responsibility and later when they are adults they will find out he disowned them and gave all his assets to his distant relatives children. The kids need the litigation records for when they sue his estate.
Reply With Quote
  #14  
Old 07-31-2021, 05:15 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,399
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by Stillbreathing View Post
In my case I will have to keep all the documentation for my children when my STBX passes away so that they have ammunition to sue his estate. He is missing a large chunk of his brain (literally) and requires 24/7 care which he refuses. Unfortunately his relatives talked him into leaving all of his assets to ThEIR children instead of our children. He put all of his assets in his relatives names. My lawyer has said that by doing this he has guaranteed litigation between our children and his distant relatives after his death. I have all the court documentation from his personal injury lawsuit including medical and psychological reports, police records and of course all of our family court documentation in which he fights tooth and nail for unsupervised access then disappears off the planet for a few years then returns fighting tooth and nail for unsupervised access again. He has not made any arrangements for child support and s7 in case of his death. Its a huge stinking mess. He also has no insight that the children remember he assaulted them ( they were presentduh), they are angry he never took responsibility and later when they are adults they will find out he disowned them and gave all his assets to his distant relatives children. The kids need the litigation records for when they sue his estate.

And how do you know they will sue his estate? What one does with their money and assets while they are alive is completely up to them. Its absolutely disgusting that people fight over money and assets when parents pass away. No parent is obligated to leave anything to their adult children. Children are not automatically entitled to their parents money or assets.

Whatever has happened with you and your ex and the battle you have with him is between you guys. Encouraging to her children to continue your litigation isnt healthy for anyone. If he isnt in their lives now, they know hes toxic, why encourage them to waste more years of their life in litigation? Especially over money and assets that havent even been left to them?


Sent from my iPhone using Tapatalk
Reply With Quote
  #15  
Old 07-31-2021, 08:43 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,030
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Because hes brain injured they would have a case. Especially if hes in arrears for support.

Overall though, as we learned from our estate lawyer, if someone is of right mind and the kids have cut them off, a divorced parent can cut them out of the will. I was cut out of my parents will but they changed their mind at the end. I would have lost my share. My husband has left his kids out of his will and the lawyer said he is allowed to do that. They could still fight me for it but it would be a lost cause for them as they have written him they dont want anything to do with him.
Reply With Quote
  #16  
Old 08-01-2021, 02:21 AM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 636
Stillbreathing will become famous soon enough
Default

According to my lawyer, excluding your children from your will is possible but not automatic just because you put it your will. The courts consider your children to be your legal and rightful heirs. If you want to exclude them you need to provide a reason in your will and it better be a good one or the courts have the authority to make them the beneficiaries once more. My lawyer also said that because the court considers your children to be the legal, moral and ethical heirs of your estate, should they choose to challenge the will because they were left out, the estate is obligated to pay their legal fees.

There is case law where judges have put children left out of the will back in.
Reply With Quote
  #17  
Old 08-01-2021, 03:28 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,030
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Quote:
Originally Posted by Stillbreathing View Post
According to my lawyer, excluding your children from your will is possible but not automatic just because you put it your will. The courts consider your children to be your legal and rightful heirs. If you want to exclude them you need to provide a reason in your will and it better be a good one or the courts have the authority to make them the beneficiaries once more. My lawyer also said that because the court considers your children to be the legal, moral and ethical heirs of your estate, should they choose to challenge the will because they were left out, the estate is obligated to pay their legal fees.

There is case law where judges have put children left out of the will back in.

I wouldnt trust what you family lawyer says. Ours said estate law differs from family law and with recent changes he could not comment with certainty. Our estate lawyer told us that they could be written out especially if they have no had a relationship with him. In my parents will it clearly said I was estranged which was I was written out. Our estate lawyer suggested leaving something to any possible grandchildren as a way around any emotional aspect of it but said that the courts are now recognizing kids who dont want anything to do with their parents expecting a windfall. If my husband were to die, the insurance would cover the remaining (very small) support.

I wouldnt trust a family lawyer to be an expert in estate law. Ive done some research myself and have worked in an estates law section of a major firm. Exerts in one field are not necessarily experts in another. Your exs estate would have to pay their own legal fees too which would leave a lot less money.

Im not saying Im right, Im saying you may want to check with an estate lawyer if you end up back in court for a final end to the ongoing litigation. You may be able to have wording put in about designating them as heirs but it may not hold up in estates court.
Reply With Quote
  #18  
Old 08-02-2021, 06:03 AM
Helpmyspouse Helpmyspouse is offline
Senior Member
 
Join Date: Feb 2018
Posts: 209
Helpmyspouse is on a distinguished road
Default

There is a difference between being dragged back into court and if other party will actually be successful in getting a final order changed. If your dragged back into court you will still need to go through all the hassle of responding and needing all your records or papers to refer back to. Regardless if the case goes nowhere and for this reason I would keep every shred of paper. We hoard so much stuff, get rid of other junk and keep your documents.
Reply With Quote
  #19  
Old 08-03-2021, 09:14 AM
Brampton33 Brampton33 is offline
Senior Member
 
Join Date: Feb 2021
Posts: 128
Brampton33 is on a distinguished road
Default

There are some bitter exes who never accept the outcome of litigation. My ex was told by every single judge it would be joint custody and 50/50 parenting. She then purposefully delayed conclusion of our case and racked up my legal bills by jerking my lawyer around in finally landing on a consent agreement (knowing very well she would lose at trial). Now that we are out of court, she eagerly tells me she can bring me back to court anytime to change the consent order.

Be weary of litigants who are unrepresented. They are grossly uninformed and not flushing money away with a lawyer, and don't care that you are. My lawyer even told me it may have been better if I had won at trial and received costs, so that my ex would see that going to court is no joke and should not be taken lightly.

There is case law where moratoriums are put on the ability to bring applications to court. Sometimes this can be 2-3 years where the other parent is not permitted to even apply to court, or they must seek leave of the court first before applying.
Reply With Quote
  #20  
Old 08-11-2021, 10:55 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,332
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Testamentary Freedom

Look it up.

If you want to exclude children from a will (including some you may not even know about), the will needs to be expertly written for that purpose. If the children are minors or disabled, they can bring claims for dependent’s support against the estate in accordance with the various family law and children's laws of various provinces.

Children are cut out of wills all the time. Contesting it is difficult if a good lawyer wrote the will.
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


Similar Threads
Thread Thread Starter Forum Replies Last Post
Defining Contempt of Court Epona Divorce & Family Law 9 03-20-2013 11:41 AM
Unjust enrichment - which court? -clean hands? Strider22 Common Law Issues 4 06-09-2012 07:18 PM
How long for an Endorsement to become Court Order? Epona Divorce & Family Law 9 11-24-2010 12:02 PM
A historical article (1999) with regards to Ottawa Family Court... logicalvelocity Political Issues 3 05-13-2008 06:39 AM
Altered Court Transcripts claims Thunder Bay Citizen logicalvelocity Political Issues 1 08-14-2007 09:41 PM


All times are GMT -4. The time now is 03:06 AM.