In this day and age, it is not uncommon to find adult children who continue to live with their parents well into their parents’ golden years.
These living arrangements can ultimately have profound effects on the relationships of siblings, both before and after the passing of their parents.
A typical situation involves a sibling who remains at home who resents other siblings for leaving the burden of parental caretaking duties to them.
On the other hand, siblings living outside their parents’ home might believe that their parents are being taken advantage of, and the estate is being squandered.
In the case of Pellerin v. Pellerin, two siblings argued over their mother’s estate. One was acting as the mother’s committee (legal representative); while the other was living in the mother’s home and had done so, rent-free, for ten years and refused to vacate.
The court ultimately made the decision to give the respondent sibling five weeks to vacate the property so it could be sold to cover the costs of the mother’s care and preserve the estate for future needs.
Situations like these can be avoided or mitigated using a variety of strategies. We have experience navigating these types of familial estate disputes.
Estate matters can be emotionally charged and made more complex when it comes to the question of whether cultural norms and traditions can justify disinheriting one child over another.
Special considerations apply to Indigenous estates and wills made by Indigenous persons.
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Hammerco is proud to announce that Partner Krista Simon has been appointed a member of the Judicial Council of the Tsawwassen First Nation for a five-year term.