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Wills, Trusts, Estates -- WorldLaw's Lawyer Directory

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  • Wills, Trusts, Estates -- WorldLaw's Lawyer Directory

    This post is in respond to a reply I received from [email address removed by admin].

    Apparently this email address does not receive emails, hence I am posting my reply here.

    Dear [email address removed by admin],

    I was disappointed with the first reply I received under this private forum. I am happy to receive your second reply. Thanks!

    Since my father-in-law's death, we have been unsuccessful in finding a lawyer in Trinidad who is a specialist in these matters and willing to accept the case, especially because we are living in Ontario.

    The deceased possessions are in Trinidad, nothing in Ontario. The local law firm we found via a friend stopped short when we requested the law firm to file an application for Letter of Administration on behalf of the deceased child, after the deceased's wife had renounced her right to be the administrator of the estate. We are stuck at this point and unable to move forward. We need a lawyer who is a specialist in the areas encompassing Marriage Law, Family Law and Inheritance Law in Trinidad etc. We want counselling to help us make the right decisions, but unable to find the right lawyer.

    I do not think it is right to assume that we don't have a case and let it go. There are so many 'grey areas' in this situation. We want the Trinidad Court to decide if the Will is valid or not valid, (what defines a "deathbed marriage"?). We want to apply to the Court to allow the deceased's share of the house, bank accounts, and bequests, jewelry from the deceased's first wife (my spouse's birth mother), to be included in the estate. As it stands right now, the deceased's only child inherits nothing from his parents. The deceased wife/caregiver claims that everything are joint with her name and with survivorship rights, and the deceased did not make another Will after the marriage. If the Trinidad Court allows such marriage to revoke the WILL we have on-hand, and not protecting the interests of the family's only child, so be it. If the Will we have on-hand becomes invalid due to the marriage, and at the same time there is no other Will made after the marriage, the deceased died intestate. In this situation, my prior research tells me that the only child and the wife shall have 50/50 split in the deceased estate. Yet there is the survivorship right issue complicating the situation. Which law should have precedency in this situation?

    With the court's judgement, we can have peace of mind, knowing that we have done what we can afford to set things straight. We have no intention to waste money to fight forever. We are so glad that Immigration Canada recognized this 'marriage of convenience' and disallowed my father-in-law to sponsor his wife to immigrate into Canada. I should mention that I co-sponsor my father-in-law to immigrate into Canada and after landing, the marriage took place 2 weeks in Trinidad without our prior knowledge. For a 82 year old man, who was under our 10-year sponsorship and with no employment income, to believe that he could sponsor his wife (who was younger than his own child) to immigrate into Canada, is beyond my comprehension.

    I am wondering if WorldLaw will be able to refer a local lawyer in Trinidad. WorldLaw's Lawyer Directory does not have Trinidad and Tobago. The deceased's child and one of the grand children (age 25) or myself, are prepared to travel to Trinidad to meet the lawyer if WorldLaw can refer one. Please let me know how much is the referral fee, if any, and what is the prevailing hourly rate for a lawyer in Trinidad.

    With the electronic world we have nowadays, can WorldLaw file papers electronically on our behalf to Trinidad Court? Can we meet via Skpe for counselling? Please do let me know what are the basic charges and how the lawyers at WorldLaw can help us. I am looking for the best available option to move forward.

    Regards
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