spliting up the assets in a second marriage. - Dr Paul Swingle Neurobiofeedback Aspergers -

My question is: Canadian-specific

QUESTION: I remarried 11 years ago. I have 2 children, my husband has 4. We both have
a child on disability(one (his)is severly handicapped, the other (mine)high functioning but
needs support)Both live with care givers. My question is. When making a will I want to
divide the assets 50/50. My 2 kids get 50%, his 50%. He doesn't agree. We would set it up
so one sibling would take care of the ones on disabilities so that is worked out. I don't think it
would be fair to divide it up 6 ways especially when I had an inheritance and he had nothing
when we married. I'm curious for your answer.

david ingram replies:
First of all, if your child is a high functioning Asperger's child, get him or her to see Dr Paul Swingle in Vancouver. (604) 608-0444


He is a miracle worker when it comes to curing ADD and Asperger's .  I am not kidding, he has an amazing success rate using neurobiofeedback.

I have two specific cases in my own family and would walk across burning coals and  swim ice choked rivers to get my child or spouse, best friend or worst enemy to see Paul if they had a brain injury, trauma, or wiring disconnect.

Back to your question

After 11 years I think it is too late to do anything but split it equally among all the children .

However, a will is a secret thing.

You can make a very public will that splits everything as your husband wishes and then make another will the next day that takes your assets and splits them as you wish. Leave the copy with someone who you know will be there when you die and bring it forward when you do die.

The worst thing that can happen in your case is that you leave it to him and he leaves everything to you on the understanding that each of you will look after "all' the kids.  He dies, you get everything, remarry and somehow or other leave his kids out of everything and leave it to your new husband or your kids only.  'Or.' it happens in reverse and 'your' children are left out. 

You can solve the 'getting it in the kids name' problem by leaving all of your property to the kids and give your husband the right to use the house, etc, while he is alive but he does not actually inherit the house, etc.  You need to sit down with a very good lawyer with experience in dealing with disabled children as beneficiaries, etc. 

Although, not the same situation, my reply in the following will give you an idea of where I am coming from.  The writer contacted me to say that it was a twenty year marriage and I think it was ludicrous that his two children got 80% and she got 20% of the family home after twenty years.  I offer the life estate as a solution here as well.

1] have you received my cheque for my 2006 taxes invoice?

2] my mom's husband [my stepfather] passed away earlier this year.  He willed his xxxxxxxx townhouse (in which he & my mom lived, and in which she still does) to be split as follows:

40% to son [my stepbrother]
40% to daughter [my stepsister]
20% to my mom.

The three of them are on very good terms.

The thinking has been that sometime over the next few months the townhouse would be sold, the proceeds divided and my mom would move to a smaller place.  My mom is now considering (subject to stepfather's kids agreeing):

i) having the townhouse appraised/valued; she figures it's about $300,000
ii) using her RRSP to buy the home, and pay each of them 40% of appraised value (i.e. $120,000 each in this example) and staying there.

Further background:
- she has never been a homeowner in whole or in part
- her RRSP is not worth much more than $250,000
- she's 68, in good health, has a part time job
- she realizes that her post-purchase income (job/pension) will also be a determining factor

So, my/her questions are:
a) is there still a program in which first-time home buyers can use their RRSP to purchase, with minimal or no tax consequence?
b) what is your opinion on what she's considering?

My humble thanks,

david ingram replies;

I received and deposited the cheque. thank you.

I am surprized at the will.  It is unusual for your stepfather to break it up that way unless it was a very very short marriage. If it was a long marriage, she can  challenge the will and get the whole house or 80% herself or at the very least, the use of the house as a life estate. A life estate leaves the house to his children but she gets the use of the house until her death.  in the case of a life estate, ther is no onus on her to pay anything to them in the meantime.  If they wanted money, they could mortgage their respective shares but would have to make payments themselves.

Usually, he would at least leave her with a life estate for the use of the house until her death.  I think she should challenge the will and the house should be hers to live in until her death or inability to look after herself in the house.

On the other hand, if they were only married for three years and that was what she understood would happen, she should just proceed.

There is a first time homeowner's RRSP loan for $20,000 but it does not apply in her case becasue to use it, neither she nor her husband could have owned a home in the last five years.

She can arrange to use her RRSP to put a first mortgage on the house to buy it from the kids if that is what she decides to do.

She needs to see a good family lawyer.  AND, it does not matter what the relationship with the step kids is.  It is to their advantage to leave the will as it is.  If they have not themselves recognized the inequity, the  relationship will not  remain  'good'.   I am putting  this on the list to see if any of the others want to comment with suggestions. 

People do funny things with their wills.  In one I have dealt with lately, Dad disowned his son (who admittedly he had little contact with for 10 years) and left all his estate to an old girl friend from when he was 16 or 17.  He had two wives in between then and his death at 64. The old ex-girl friend did not even go to the funeral.


David Ingram wrote:
It is very unlikely that blind or unexpected email to me will be answered.  I receive anywhere from 100 to 700  unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients.  Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject and get answered first.  I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town.  e bankruptcy expert  US Canada Canadian American  Mexican Income Tax help
However, I regularly search for the words"PAYING CUSTOMER" and always answer them first if they did not get spammed out. As an example, as I write this on Oct 18, 2007 since June 16th (124 days), my 'spammed out' box has 34,939 unread messages, my deleted box has 11854 I have actually looked at and deleted and I answerd 1078 email questions for clients and strangers.  I have also put aside 622 messages that I am maybe going to try and answer because they look interesting. -e bankruptcy expert  US Canada Canadian American  Mexican Income Tax help

Therefore, if an email is not answered in 24 to 36 hours, it is lost in space.  You can try and resend it but if important AND YOU TRULY WANT OR NEED AN ANSWER, you will have to phone to make an appointment.  Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321. expert  US Canada Canadian American  Mexican Income Tax help.

david ingram's US / Canada Services
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My Home office is at:
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Cell (604) 657-8451 -
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Calls welcomed from 10 AM to 9 PM 7 days a week  Vancouver (LA) time -  (please do not fax or phone outside of those hours as this is a home office) expert  US Canada Canadian American  Mexican Income Tax help.
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation  in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." e bankruptcy expert  US Canada Canadian American  Mexican Income Tax help.
David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico  family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
Phone consultations are $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada. expert  US Canada Canadian American  Mexican Income Tax help.
This is not intended to be definitive but in general I am quoting $900 to $2,900 for a dual country tax return.
$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
$1,100 would be the same with one rental
$1,300 would be the same with one business no rental
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$2,900 would be all of the above and you moved in and out of the country.
This is just a guideline for US / Canadian returns
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $175.00 up.
With a Rental for $375
A Business for $375 - Rental and business likely $500
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
Moving in or out of the country or part year earnings in the US will ALWAYS be $800 and up.
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to $100.00 each.
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide will be $150 to $500.00 depending upon numbers of bank accounts, RRSP's, existence of rental houses, etc.

Just a guideline not etched in stone.
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention. Advice on bankruptcy  e bankruptcy expert  US Canada Canadian American  Mexican Income Tax help.

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