Case Description

My mother passed away April 2009 in Pte. Claire, Que., with no will. She had property and the deed is soley in her name. She lived common law 16+ years with a great man.

There is only myself (who lives out of town) and my brother who lives in Dorval who are now the successors/heirs to the estate.

My brother and I are on different sides as to how the estate should be handled.

I would have liked the estate to be shared equally in three however; my brother is against this idea.

My brother has now commenced proceedings to accept the estate. I have requested several times the name of the notary who is handling my mother's estate but no information is being provided to me. I called the Chamber of Notaries in Quebec and they had advised me that the notary handling my mother's estate should be representing all parties involved.

Another issue is the expenses and mortgage of this property since my mother passed away.

Back a couple years ago my mother had to refinance the property and she required a cosigner. Her common law husband cosigned and he along with my mother (jointly) had been paying the mortgate and expenses. Upon the death of my mother he continued to pay the mortgage as he was a cosigner but he is not on the deed.

I would like the help with a couple of questions.

First: Is my brother, by law, required to provide me with the name of the notary handling my mother's estate and if so how do I go about getting the information if he refuses to provide same.

Second: Is my mother's common law husband responsible for all the mortgage payments and expenses of her property that he has been paying since her death along with her funeral.....or are these expenses to come out of the estate when settled? My mother's common law husband has been paying the expenses just so that his name would not be tarnished as he cosigned however; he can no longer afford same. Does he have any recourse, against the estate, which I hope he does, to be re-imbursed or compensated for his years that he had contributed to the house and the upkeep of same over the last 16 years and specifically the funeral he paid for and the expenses towards the property since April 11, 2009.

thank you for your help and assistance.