1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

My father sold the house in Canada, and my stepmother pocketed the money

Discussion in 'Estate Planning, Creating Wills & Trusts' started by EnglishTeacher, Mar 15, 2020.

Thread Status:
Not open for further replies.
  1. EnglishTeacher

    EnglishTeacher Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Asia
    Several months before my dad’s passing, he sold the house he and his wife (our stepmother) jointly owned in Canada. My father is over 90 years old, blind, deaf, and cannot walk. So, when it was time to close escrow, my stepmother flew to Canada to take care of matters. She also transferred the proceeds from the sale of the house to her own personal bank account in Canada. My dad and our stepmother are both Hong Kong residents and Naturalized Canadian Citizens.

    My brothers and sisters were outraged and said to her “You are supposed to transfer the money back to dad’s bank account in Hong Kong!!!!”

    That never happened! That money just sat in her bank account in Canada. My dad was too sick and too old to be worrying about the money in Canada at all and really needed her to take care of him. As he is blind, deaf, and can’t walk – you can say he is completely at her mercy!!

    When confronted with the question,” Why didn’t you wire the money back to dad’s bank account in Hong Kong?” her answer was simply “Your father had promised me the money from the sale of the house!!!”

    We were all powerless!

    My dad passed away last month in Hong Kong, and left a valid Will, so if the money from the sale of the house had been wired back to my dad’s bank account in Hong Kong at the time the house was sold, then the beneficiaries of the Will would have gotten a share of it, but now, she took all the money!

    My brothers and sisters wanted to take legal action against her- threatening her with a lawsuit for a share of the proceeds from the sale of the house in Canada according to the distribution of my father’s residuary estate as stipulated in the Will.

    My question is: If we sue her for the proceeds from the sale of the house in Canada, with arguments that our father’s wish was to have the money wired back to his bank account after the sale of the house, but she did not follow my father’s wishes, and she took the money by transferring the money to her own bank account in Canada. How big a chance do we have of winning such a lawsuit in Hong Kong? Do we have a case?
     
  2. justblue

    justblue Well-Known Member

    Messages:
    1,628
    Likes Received:
    679
    Trophy Points:
    113

    This site is for US Law Only.
     
    Zigner and EnglishTeacher like this.
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,114
    Likes Received:
    2,208
    Trophy Points:
    113

    I don't know about Hong Kong but if Canada's laws are anything like US laws she was entitled to the money because they owned the property jointly.
     
    EnglishTeacher likes this.

Share This Page

Thread Status:
Not open for further replies.