Need advice re: remortgage and will

[kdham1964]

It's been awhile since I've been on, but I always seem to get good advice, so I thought I'd throw this out there. We've been dealing with my fiance's ex for awhile now. Quick rundown of the situation:

• she left Sept 2004, disappeared for 2+ months (kids didn't even know where she was)
• November 2004 he had an SA drawn up, she waived spousal support for $20K, waived all other rights (equalization, SA, CPP split, etc.) and signed of on the mortgage, which he assumed (with a remortgage, including her $20K payment)
• He had custody of the children
• We met in 2006 (I was not the reason for the separation)
• He filed for divorce 2010; she refused to sign, claiming that she wanted $1700 per month SA
• hired a lawyer who wrote a Case Conference brief asking for proof of her claims of depression, lack of ILA, and claimed that her SA in '04 would have been less than her SA
• Case conference - judge agrees that she di not have ILA, another case conference scheduled
• He goes to bank to se if they can help - can get a re-mortgage (again) to pay her off
• offer sent for $21,000
• she sents offer to settle for $25,000; due to some mix-up, her lawyer never received offer; offer re-sent

That's where we stand. I'm sure that you all understand how stressful this has been.

Here's the problem. This past Monday I had to take my fiance to hospital by ambulance with heart problem...not a heart attack, but close. I'm sure that a lot of this has been caused by stress, and the doctors agree.

My question is, does anyone know if the bank might deny the re-mortgage based on his health condition (he should be fine, by the way, needs an angioplasty)? This will affect whether he will be able to meet his settlement offer. And if the bank denies, how does this affect the offer that he has submitted?

She is meeting with her lawyer on Tuesday, and it is expected that she will accept...need answers ASAP

Also, due to the health crisis I have done some research. He does not have a will, and Ontario estate law says the a when someone dies without a will, the legal spouse (her) receives the first $200K of his estate, basically meaning everything. Anything after $200K, she gets a third and child(ren) get 2 thirds. I can tell you now that she will take everything, his daughter will end up with zip.

I don't care who he leaves his "estate" to...leave it to the cat...I just know he doesn't want it to go to her...as long as I can remove my furniture and belongings (99% of which is mine) I don't care, but this is mine and my son's home, It will be painful.

I encourage all of you to review or create your wills....protect you interests now because you never know.

[dadtotheend]

What the bank doesn't know won't hurt it. He won't be signing the papers at the hospital will he?

You're bang on about the will. Good reason to get a divorce too. But everyone who goes through a separation needs to update their will ASAP after separation because these proceedings can drag on for a long time before divorce is granted.

[kdham1964]

He will be signing them at the hospital...want it done before he has his angioplasty...he WILL be fine (positive attitude!) but there's always a chance....

Off to visiting hours again...I am soooooo tired....hopefully everything will be over by Tuesday....she sees her lawyer about his offer then too.

[Rioe]

He probably should do his will ASAP then, too, just in case, if he wants to keep her from getting it all. Even just a quick one that can be redone later in more detail.

[kdham1964]

Working on it tonight...take it to the lawyer Monday....gotta do this just in case....