Homestead rights

Calgary Legal aid writes:"If your house is in a rural area your rights will extend to the use of home and land up to 1/4 section." Is this true? Can use of a garden on such a farm be denied by daughter who is executrix of mother's estate, farm is registered in mother's name. Been married for 62 years and worked for free and daily aided wife. For past years we had separate houses about 24 meters apart, but lived amicably, helping wife who was in wheel-chair for past 10 years.I am 95 years old.

Asked about 1 year ago in Vega, ab, Alberta
Categories: Wills, Estates, Trusts  Family Law

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Katherine MacRae

Answer by Katherine MacRae

VerifiedAlberta lawyer

As a spouse, you have an interest in your late wife's estate.  Depending on the size and assets of the estate, you may be entitled to all of them until your death.

I suggest you retain a lawyer immediately to ensure your interests are protected.

Posted about 1 year 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 Katherine MacRae, or search the Lawyer Directory.

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