Disabled child - public trustee ants to seize house from siblings -


Hello David,
 
It's xxxxxxxx xxxxx. I hope you still remember me.  When I came to see you in person I was the one who you helped with his taxes when I was living in the U.S. over a year ago. Again, thank you for taking the time to see me back then. I am just following up on your offer for any tips or help from you when I had overpayed you last. This is for a friend and may be quite complicated or simple a question. Any feedback would be appreciated.
 
My friend is part of a will with his two siblings. Both parents are deceased. He and his one sibling is of sound mind. The other is not and is a ward of the B.C. government. All three are entitled to equal assets on a house already appraised for a certain market value. The government has decided to take their house. The dilemma is that if they sell the house or buy out their invalid sibling they will only have enough money for one year to take care of her from her share. Or, both siblings of sound mind would need to take care of her going forward.  If the invalid sibling is a ward of government and continues to be indefinitely then the house gets taken by the government. My friend and his sibling of sound mind end up with nothing.
 
Does my friend have any options left to protect their house while having the one sibling be looked after? Is there a lawyer you would recommend? Is his situation negotiable with the government? Please let me know your thoughts and I look forward to your feedback. My friend is supposed to meet up with the government representatives in one month.  I would appreciate any tips, advice, or options you may be able to convey.  Thank you in advance.
 
Regards,


david ingram replies:

This is not what I deal with on any sort of regular basis. 

Your friends have a family law problem and I am not a lawyer but it is my understanding that there is an automatic right of the Public trustee to take some of the money.  I do not think that the Trustee can take it all.

A case I found is sort of on point.

Newstead v Newstead Estate (1996) 11 E.T.R. (2d) 236 ( B.C.S.C.)

FACTS : The testator died leaving three adult children, all of whom had tragic personal circumstances. The oldest was confined to a mental institution for ten years, the middle child had been in a foster home and drifted into a life of crime. The youngest child was severely mentally handicapped and institutionalized. The value of the estate was $950,000. The testator gave 1/25 to each child, 15/25ths to his ex-daughter -in-law, and 7/25ths to friends and charities.

HELD : The court varied the will so that 1/3 of the estate went to the Public Trustee , 1/6 to the eldest child, and 1/6 share to the middle child, 1/6th to the daughter -in-law, and 1/6 to the friends and others.

Two principles were clear :

1) There is a moral obligation to provide for a mentally incompetent dependant even though the dependant is a ward of the state ( in effect, a testator has a duty to absorb or reimburse the state),and

2) this same obligation exists regardless of whether or not the dependant would benefit personally from any part of the contribution.

This was taken from the folowing website http://www.disinherited.com/articles_variation.htm#9

Which is provided by the law firm of

  Trevor Todd or Judith Milliken Q.C.

Phone: (604) 264 - 8470
Fax: (604) 264 - 8490  

R. Trevor Todd Law Corp.
201 -5455 West Boulevard
Vancouver, B.C. Canada  V6M 3W5

Contact Linda Yardley.

Phone: (604) 264 - 8412
Fax: (604) 264 - 8490
 
rdlited.com

Your friend may want to contact this firm.

Others I would recommend for family law problems in BC are:

David Bellamy LLB
604-662-8900
Who looked after my divorce and is very good at family law.

David Stoller LLB
604-922-4702
who looked after my property settlement and is good at family law

Bill Spohn LLB
604-926-8681
who first pointed out a constructive trust to me and saved my house and has a family law practitioner in his office.


On December 25, 2007, 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 line 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. 
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However, I regularly search for the words"PAYING CUSTOMER" and always answer them first if they did not get spammed out. For the last two weeks, I have just found out that my own email notes to myself have been spammed out and as an example, as I write this on Dec 25, 2007 since June 16th, my 'spammed out' box has 47,941 unread messages, my deleted box has 16645 I have actually looked at and deleted and I have actually answered 1234 email questions for clients and strangers without sending a bill.  I have also put aside 847 messages that I am maybe going to try and answer because they look interesting. -e bankruptcy expert  US Canada Canadian American  Mexican Income Tax service and  help
Therefore, if an email is not answered in 24 to 36 hours, it is likely lost in space.  You can try and resend it but if important AND YOU TRULY WANT OR NEED AN ANSWER from 'me', 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.  david ingram expert  US Canada Canadian American  Mexican Income Tax  service and help.
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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  service and 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  service and 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 $200.00 up.
 
With a Rental for $400, two or three rentals for $550 to $700 (i.e. $150 per rental) First year Rental - plus $250.
 
A Business for $400 - Rental and business likely $550 to $700
 
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 $900 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 for seven years at a time will be $150 to $500.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc.

Just a guideline not etched in stone.
 
 
This from "ask an income trusts tax service 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 service and help .

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