Estates in Manitoba

[sumdumguy]

Scenario:

Retired businessman’s wife who was in a care home since March just passed away in September. The family went on the hunt for her will and after much searching finds out that the will was rewritten and is being held by two total strangers who befriended her while she was ailing. At present they refuse to let family see the will. They just say, “ the money is ours.” These two strangers are the only beneficiaries to the will, apparently. No one in the family was named in the will (according to the executor who is one of them) even though this couple has two daughters and eight grand children and the estate is substantial. The two strange beneficiaries refuse to turn over the will to the family for scrutiny. Has anyone had experience with a situation like this?

[LEP]

The estate will be probated where those that think they have a claim to the estate will state their case.

It will have to be proven that she wasn't coerced and was of sound mind when the new will was put in place.

There has to be very clear intent, for family to be excluded from the will.

[newguy]

First thing they should have to do is athentitize the will.that would prove one way or the other if that will is for real.

[helmach]

Good luck ???? been there, seen it and family fought that for 10 yrs in courts. Not identical but similar situation. Crown and law is geared to the crooks and the dirtiest sneakest lawyers. Costs will be astronomical

[blackpowder]

Probate process should avail. But.
Lawyers are like oncologists.
You're dying but they don't know what day so they won't tell you anything.

[Herc]

Best to have $100-$150k handy for lawyer fees…..Don’t ask how I know…..

[sumdumguy]

I have a plan and will let you know in a couple of weeks.

[shtferbrains]

Probate in sk is a fixed rate of $7k per $million. Even if it is 100% cash in one bank.
I know of a case where the same land was probated 2X in one yr.
Lawyers charge a similar set rate. Also a preset fee. I can't figure services that charge pays for?
Plus they charge an hourly rate for any time or services they provide.
All charges are by the hour with no incentive to wrap up quickly.
Any type of dispute is encouraged.

Farm estates will be a gold rush for Lawyers over the next generation .

Wills can be set up to avoid most of that with good advice and possibly prenuptials.
That requires joint titles etc. Might also involve lawyers in family disputes?
Make sure you have a list of all accounts and insurance etc as the bank gets any dormant accounts.

DYOD as my experience is limited and admittedly biased. But do it sooner than you think is required.

Even when it goes good it's seldom good.

[blackpowder]

Don't even think of joint titles unless death is certain and divorce is not.

[foragefarmer]

So where were the daughters while the mother was in the care home? Did they completely lose contact with her?

Are the so called strangers home care workers, or did they just walk in off the street and start visiting the mother?

A lot of details missing from the husband's death to the mother ending up in the care home and eventually dying.

There has to be more to the story.