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No will

Discussion in 'Power of Attorney & Living Wills' started by Mary1237, Feb 10, 2020.

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  1. Mary1237

    Mary1237 Law Topic Starter New Member

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    Jurisdiction:
    Ontario
    If a deceased does not have a will. Has no wife or children. Has siblings one who
    Is deceased but has children. Does the share of the d3ceased sibling go to
    Their children?

    And how would these children know the details .. would the court send a letter?
     
    Jade295B likes this.
  2. flyingron

    flyingron Active Member

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    We only deal with US laws. What you need to do is contact a Candian legal source. The words you want are "intestate succession."

    In addition to posting this to the wrong web site, you posted it to the wrong section here. A living will is a document expressing your wishes for medical treatment in the case you are incapacitated. A POA is a document to allow others to act in your stead.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Assuming Canadian/Ontario law is similar to that of pretty much all U.S. states in this regard:

    If a person dies without a will and is not survived by a spouse or issue (children, grandchildren, etc.), then the estate goes to the deceased's parents. If neither parent is alive, then the estate goes to issue of the deceased's parents -- typically per stirpes.

    What that means is that, if Bob dies and is survived by his sister Abby, brother Charles, and children of predeceased sister Diana, Emily and Frank, the estate will be divided as follows:

    Abby gets 1/3
    Charles gets 1/3
    Emily gets 1/6 (1/2 of Diana's share)
    Frank gets 1/6

    Details of what? In most cases, Emily and Frank will be aware that their Uncle Bob has died. As far as administration of the estate goes, the person who seeks to be appointed as executor/administrator of the estate will be obligated to identify all of Bob's heirs. I suppose it's possible that Emily and Frank were estranged from Bob and that whoever seeks to probate Bob's estate isn't aware of Emily's and Frank's existence (although that would seem odd if that person knows about Abby and Charles). However, it is certainly possible that Emily and Frank might not get what's coming to them if the persons involved don't know about them or fail to notify them.

    Again, all of the above is based on U.S. law, and Canadian/Ontario law might be quite different.
     
  4. flyingron

    flyingron Active Member

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    OK, since we've decided to go off the tracks here. Zippity is entirely wrong. The Ontario laws for intestate succession apply distribution procedures WITHOUT REPRESENTATION. That means if the people mentioned by the statute do not survive the deceased, their children DO NOT get their share.

    The Ontario laws have a special case when there is no surviving spouse, issue, parents, or siblings. The law has a specific provision for the distribution of the estate to nieces and nephews. It is split equally among the surviving nieces and nephews.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Ummm....how exactly was it "wrong" to say "that Canadian/Ontario law might be quite different"? According to you, that's exactly correct.
     
  6. Zigner

    Zigner Well-Known Member

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    That's not what you said. You gave a bunch of information with the small caveat that you're assuming the law is the same.

    EDIT: Ok, you did say it at the bottom, but you used a lot of words explaining a law that is not the same.
     
  7. Mary1237

    Mary1237 Law Topic Starter New Member

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    Yes niece# and nephews are entitled to it. Confirmed.

    When one dies without a will. No living parents, children, spouse.
    2 siblings who are living 1 sibling is deceased. Does the share of the
    Deceased sibling pass on to their children ( niece) ? And if so is it divided
    “Equally” or do the niece get a percentage even though their dad was a sibling.
     
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What state the estate is being probated in matters.
     
  9. Zigner

    Zigner Well-Known Member

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    Ontario, Canada. Besides, Mary said last night that it was solved, then asked again here 35 minutes ago. <roll-eyes>
     
  10. army judge

    army judge Super Moderator

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    Asked and answered, multiple times OP.
    As suggested, you need to hire a Canadian attorney/lawyer/solicitor/barrister/or whatever they're called in "The Great White North".
     

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