Dying intestate in Ontario?

Dying intestate in ontario?
My Mother passed away last June, intestate in Ontario.
She had been living apart from my Dad since Dec. 1st 1985, although they were still legally married. She left her death benefits (10K) to be divided 50/50 between my Sister and myself, as per her Employer - they have said that because she turned 65 - her beneficiary designation were no longer applicable and so her benefit was deposited into an estate account. For the last decade of her life it was left to my Husband & I to take care of her needs - she was put into a nursing home and her pension did not cover her costs at the home by 400 a month plus between 100-200 each month for her drugs, plus 150 - 300 a month for expenditures at the home (blood work, day trips etc.). Because she was still legally married at the time of her death, my Dad was given everything - including the 10K from her death benefits, which was put into the "estate account" which required all three (my Dad, myself and my Sister) signatures to take any monies out. She also left an 8K debt to Revenue Canada. They have removed the 8K from the estate account and my dad has pocketed the outstanding balance, leaving my sister and I with nothing. Were my Sister and my signature not required to close out the 3 signature estate account? - Thanks

Ask the bank. You say that all three signatures would be required to withdraw money. If that's the case, then he shouldn't have been able to take out the money without your signature. And the bank should be able to tell you how he did it in any case.

That said, here's the quick and dirty summary of intestate succession law in Ontario: Where somebody dies leaving a spouse and more than one child, the spouse gets the 'preferential share' of the estate ($200,000), and then one third of the remainder. If there's less than $200,000 in the estate, the spouse gets it all, subject to any debts.

This is where things start to get complicated, though, because even gratuitous care providers can be creditors. Somebody who provided services or care to a person can (often successfully) sue the estate in unjust enrichment, for the value of their own contributions to the estate.

In your circumstance, I would probably go talk to an estate litigation lawyer.

Contact an attorney in Canada for an initial consultation. There is a good chance your father committed fraud.