View Full Version : legal question? quebec law

05-26-2008, 05:22 PM
Ok- here goes- My Grandmother died in December. she did have a will. The estate is supposedly in debt, meaning there is no money whatsoever left. Are the successors responsible for the debt? do they inherit it like they would money or properties? I know it does not work this way in ontario, My uncle is wanting my brothers and I to renounce our inheritance due to the debt. Worst part is , there should never have been any debt, as there was ample monies left for my grandmothers care, when she entered the nursing home 12 years ago...any ideas?

mr ed
05-26-2008, 05:47 PM
whos says its in debt? The lawyer who handled your gramps affairs will have some info and as beneficiary you have the right to an accounting from the executor. I've been executor for two estates recently but know nothing about quebec law. Based on the most recent estate I'll tell ya that if your beneficiary to items that your grand dad wanted you to have you better not dilly dally about it because there's always someone that figures they deserved more and will just out and out take it.
Beneficiaries inherit money owed against a house, boat, automobile, etc if they take posession of it. The executor can sell estate assets to pay outstanding taxes and funeral expenses. If you are willed for example a car, with the will in hand the bank can give you info on balance owing and for If I remember correctly 5 bucks you can do a search on the vin to find any other money owing.

05-26-2008, 06:17 PM
Contact the lawyer handling the will, they will answer your questions and you should be able to get a copy of the will being an inheritor. You should also be entitled to the financial information of the property. Whatever questions you and your brothers have ask them all, get information before making a decision.
I also found this website: http://www.deces.info.gouv.qc.ca/en/fiche.asp?sujet=27 hope it helps.

Super Gram
05-26-2008, 06:29 PM
Yes if you are mentioned in the will...you are entitled to a copy of it.

05-28-2008, 11:05 AM
I have no idea what is in the will- I am going entirely on hearsay from my uncle. the lawyer who originally drew up this will I would suspect has passed on, so no one, besides my uncle knows anything about it. and he is not co-operating with those of us who are looking for the documentation in regards to the estate. I don't know for sure I am mentioned in the will, we don't know for certain who the executor was to be, all because said uncle has refused to disclose any info.
I have read everything on that internet sight, but it is looking like I will not have any choice but to renounce as there is very little I can do from here, and the deadline is up on the 6th of June. nice that he gave us so much notice..but thanks everyone for your input.

05-28-2008, 12:37 PM
your uncle has to tell what and who is in the will. If you know the lawyer has died get in contact with his office if he has one or law society for that town. When he died all his files went someplace. A copy of the will should be registered someplace. Find out from a lawyer where to get a copy.
good luck.

05-28-2008, 12:44 PM
Just one small other peice of information for you. Nursing home costs have gone through the roof. I pay more than 2000.00 a month for my Father In law's care, in a private room.

On the will issue I would demand a copy of the will before you do ANYTHING!

05-28-2008, 01:10 PM
You have every right to see the will if he is telling you to renounce your inheritance. If he's refusing to give up any information then he is hiding something and hoping that he can convince everyone to renounce their inheritance so it's more for himself.

Do not follow through with anything your uncle asks before you speak to a lawyer regarding this and see the will.