Canadian Inheritance - No will - two children - step child and second husband?

My sister died in a vehicle accident. She did not have a will. She was married at the time. Her home was in her name alone. She has two grown sons. She has a step daughter from her previous marriage. Her husband is living in the home. He has a daughter from a previous relationship living with him. How does the inheritance get divided. Does the Husband have to buy out the children for the value of the home? Or the children have to buy him out? There is also two grandchildren. Canadian Law - Please advise. Her first husband also was killed in a car accident - leaving no will. Should a portion not have been divided to the children from his estate. Prior to her remarrying?

ouragon

You know this is too complicated for a comprehensive answer from us. Those who are actually involved need legal advice.

The step-daughter does not stand to inherit. In the US, half the estate would go to her spouse, and half divided among her children. Grandchildren would not inherit.

The first estate is now moot. She took it and no one contested it.

This is strictly my opinion.

Courtney F

I only know a couple of things here.
Her existing spouse is not entitled to any property that she had before they married, although he is entitled to one half of the equity that has accumulated since the marriage. Example: House is worth 100,000 when they marry, 10 years later it is worth 200,000, then the husband is entitled to one half of the increase, being 50,000. I am also presuming that the house belonged to your sister and her 1st husband from the very beginning, and this is why it is only in her name now, which would have been decided upon when buying that home (joint tenants or tenants in common, this decides how things are inherited).

Some legalities say step children are the same as biological children and some don't. I would say that the house belongs to the adult sons, with only a portion of it to the second husband. If it cannot be decided about the house, the court orders a sale.

One negative thing here is that because there is no will then then a government agent is assigned and they take a whopping 25% of the assets to pay themselves with. (that's what a lawyer told me anyways). But then they go straight by the book, handing out the assets in their legally binding way, but then it isn't in the hands of family members, which is good.

This is why I have a will, I did this so my ex can't get hold of the (minor aged) kids insurance payouts, and the property my boyfriend and I own has the details all sealed up for our separate children.

Get a lawyer, asap.

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