Adult Child's Rights to Father's Will

[pandi]

My husband's father passed away in May. He lived in Ottawa with his 2nd wife and we live in the US.

We visited as his father was dying in the hospital and his father told my husband quote, "I have money and it is all yours." My husband is an only child. His father passed one week later. There was no funeral. There is a memorial for friends being hosted by his wife in August, his birthday month.
We are going to attend.

There has been no mention of the will or any of his possessions between my husband and his stepmother. She did tell me personally during the visit that Canadian law states that everything that was his will be hers. I didn't tell my husband this until after we headed back to the US. She never mentioned anthing about the will at any time to my husband.

Knowing there was a will, how can we find out if my husband is entitled to anything? Being an only child I would think he could have at least a few little things that belonged to his father to pass down thru the family. She has no children of her own, but we suspect she will not leave anything to my husband but to her living brothers or friends in Canada.
Is there anything we can do and how can we tackfully ask her about the will?
He was 74 and she is 72. Any advice please???????????????

[aaron]

If there is a will, it should be probated. If there isn't a will, then you can consult a Canadian lawyer about Canada's laws of intestate succession.

If there was a will but it cannot be found, and you cannot locate another copy (e.g., from the law firm that drafted it), then typically the estate will pass according to the laws of intestate succession (as if there is no will).

If your husband wants to ask his stepmother if there is a will, what's wrong with flat-out asking her?

[pandi]

Thank you for your quick response.

Yes, there is a will we do know that much. But since his passing she hasn't mentioned anything about the will, any possessions or anything that would be left to my husband. It appears she is just going to 'keep it all'.

Do we have a right to ask for anything? Possessions of his? We know she will not seperate herself from any monies that is for sure.

But if something was mentioned in the will to be left to my husband, does she have to tell us?

How long does probate take? His father did say a year ago that his best friend was his executor, but we don't know this person. What do we do?
Confused.......................................... .................................................. .....???

[Betty3]

You might check with the court house in Canada in the county where your husband's father died & see if a will was submitted for probate - possibly by the best friend.

[pandi]

would a reading of the will already been done or do they wait until after probate?

[paleolith]

My understanding is that the will has to be submitted to the court to initiate probate, and would be available through the court at that point. This however is my non-expert understanding and based on a state in the US, not Canada.

Edward (not an expert)