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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 07-24-2010, 11:55 PM
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Default Seperation/ death

I am sure this question has been asked and answered in one form or another but I am too exhausted to search any more for it.

My father in law died this morning, we have not yet found the will. He was seperated from his wife over 15 years ago. At the time he paid her a lump sum for spousal support and equalization. She burned through that money fairly quickly and kep coming back for more, he frequently gave her money over the years when she would call crying that she was broke.

My question is, either with or without a will, being as they were never divorced and would not be divorcing for religious reasons, is she able to claim anything on his estate even though it's been over 15 years?

Thank you.
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Old 07-24-2010, 11:58 PM
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You bet she will.
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Old 07-25-2010, 12:03 AM
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Thanks DTTE. Any idea what if anything she could claim or would be 'entitled' to?
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Old 07-25-2010, 12:51 AM
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Did they have a separation agreement? If you haven't found the will, then you probably won't know the answer to that. You should try to find the name of his lawyer, and obviously this will help to track down the will as well.

Standard clause in any separation agreement is a release stating that the ex-spouses have no claim to each other's estates. So that would be that, up to a point.

She could claim that he was paying her support and that the support should continue or else receive a lump sum from the estate. Since he gave her additional money over the years she will base her claim on this, saying that this was their arrangement and who is to say otherwise? If there is no separation agreement it will be hard to argue.

If you have a separation agreement, then it's easier to argue that if she makes a claim against the estate she is being paid twice. Ontario law gives a surviving spouse the option of taking what was left in the will, or the equalization that would have been made had they separated. The law is specificly structured so that a spouse would not get less from the estate than they would have gotten had they separated. So it is a tough argument to say she is entitled if they had a separation agreement.

DTTE is absolutely right, she will try to make a claim, but whether it holds water depends on all these factors. 7 years after separation there is not a possible claim for equalization anyway, but she can try to claim that there was an arrangement for ongoing support paid as a lump sum every few years. That's what I see here anyway.
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Old 07-25-2010, 10:09 AM
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Thank you, Mess. I'm going over to look for the will this morning so hopefully that will provide us some answers. His girlfriend says she is sure he re-did his will within the last year and a half so hopefully we can find either the will itself or the name of the lawyer.

Appreciate your replies, thanks again.
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Old 07-25-2010, 11:46 AM
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If he had a lawyer, call them. Most law firms have a will vault or storage area. Mine does.
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Old 07-26-2010, 10:50 AM
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Quote:
Originally Posted by blinkandimgone View Post
I am sure this question has been asked and answered in one form or another but I am too exhausted to search any more for it.

My father in law died this morning, we have not yet found the will. He was seperated from his wife over 15 years ago. At the time he paid her a lump sum for spousal support and equalization. She burned through that money fairly quickly and kep coming back for more, he frequently gave her money over the years when she would call crying that she was broke.

My question is, either with or without a will, being as they were never divorced and would not be divorcing for religious reasons, is she able to claim anything on his estate even though it's been over 15 years?

Thank you.
Okay Blink, you father in-law just died THIS morning, and your too exhausted to search anymore? Maybe give the some time for this man to get into the ground, or whatever and maybe some grieving time before you look too far into the financial aspects of who gets what?

Maybe I'm just reading it wrong Blink, but it just seems a little cold to me that the will and any monies that maybe or may not be forth coming is the first concerns, seems to be a little on the greedy side. I'm not trying to offend, but I think there are other things that should be taken care of before the 'money'.
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Old 07-26-2010, 12:25 PM
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Thanks for your response, as cold as you may feel it is my ex and his family want to keep the home he built for them as a family home for all of them and the ex wife has already decided she will be taking over the family's home despite moving to another city almost 20 years ago. We also wanted to make sure if there were any special wishes we weren't aware of that it was considered while making arrangements.

My FIL and I were very close and he has been my stand in dad since I was 17, this is very difficult for all of us and having to figure out where the ex wife stands has been very trying with all the demands she is making right now. We were literally still in the house with the coronor when her calls started so unfortunately we're forced to address it immediately. We did track down the will at the lawyer's and found the seperation papers that state she relinquished all rights to the home but she has been adament since she found out that she will walk away with everything even if it leaves her children nothing. It was certainly not our intention to have to deal with all of this now however we've been left no choice as she's already spoken with a lawyer as apparently that's the kind of person she is.

I asked here for advice because I thought I may be able to get some quick responses and might be able to offer some reassurance or direction for the family while we're all trying to handle everything that needs to be taken care of right now.
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Old 07-27-2010, 09:58 PM
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Blink, my father passed on Friday. It is NOT cold to be looking for the will already. People thought I was cold for calling all his financials and making arrangements Before my dad passed, but that is reality. I spent as much time with him as I could, and was also able to reasssure him that things would be ok without him, that he wasn`t going to be a burden. That is what we do.

My sincere condolences to you and your family.
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Old 07-27-2010, 10:00 PM
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Billie, I'm so sorry for your loss

Thank you for your kind words.
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