Child is born in legal marriage. Parents split. Mother remarries. Step father wants to adopt. Cant find the biological Father for consent. Legal papers are sent to bio fathers parents, who say now they never received them. Adoption goes ahead without Bio Fathers consent. Biological Father has another child from a common law marriage. Child now an adult gets reacquainted with the biological Dad. He becomes very ill and tells his daughter, I want you and your sister to be power of attorney. He passes away without a will. Now the only legal child is the one from the common law situation. She wants to split the assets with her older sister who legally has no claim. My question is. Can this person waive her rights as sole beneficiary to split assets with her half sister?

Asked 10 months ago in Ontario
Categories: Wills, Estates, Trusts  Family Law

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Jason Berger

Answer by Jason Berger

Not VerifiedOntario lawyer

Hi there,

She can just receive the inheritance herself and then gift whatever she wants to whomever she wants.

Posted 10 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Jason Berger, or search the Lawyer Directory.

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