With all this talk about probate and avoiding probate, it's important to have the facts. I'm often asked what probate costs. I know the people who ask me that would love a really short answer, such as "it costs $100", but realistically that short answer doesn't exist. What probate will cost depends on where in Canada you live, and what assets are in the estate.
When we talk about the cost of probate, strictly speaking the answer should be about what the court will charge you to process the probate application. To me, though that answer is essential, it's not the whole picture. The other half of the picture is the fee charged by the lawyer. In this post I'll look at both.
First of all, court fees (otherwise known as probate fees). If you apply for probate, there is no way to avoid paying a fee, even if you don't use a lawyer. Each province and territory is different and this is a link to a table that summarizes the fees in each area. There is no fee or a very low fee for estates under $10,000, or in some places even $25,000. The areas of Canada that have a maximum fee are Alberta ($400) and Quebec ($100). In every other province and territory, the fee continues to increase as the size of the estate increases and there is no upper limit. This is one of the main reasons individuals like to do estate planning - they'd rather arrange things so that the money ends up with their families and not the "taxman".
Secondly, lawyer's fees. Again, they change from one place to another. The following are some links to information on specific provinces and territories:
Alberta
British Columbia
Saskatchewan
Hi,
ReplyDeleteI have a quote of $2,500 cost to probate a single piece of property in Canada worth $25,000. Is this reasonable?
Thank you
Prices for probate vary place to place, as I've said in the above post, but yes I think that quote is reasonable. I would suggest that you make sure you understand whether this quote is JUST the probate, which takes the property out of the hands of the deceased and into the name of the estate, or whether it is the probate PLUS the transfer out of the name of the estate and into the name of a beneficiary or buyer. In law these are two distinct steps. Most lawyers will charge you additional fees for the second part of that transaction.
ReplyDeleteAlso make sure you know whether that $2,500 is "all-in", meaning fees, disbursements and taxes are all included. Most lawyers will quote you a fee, then add on the disbursements. In your case the disbursements would include a court probate fee, fees at the Land Titles Office and the usual disbursements like photocopies. Ask questions to find out exactly what your disbursements will be and whether they are included in your quote. Also find out whether there will be GST or PST.
In looking at what it costs to probate a $25,000 estate, you have to take into account the lawyer's fee and the probate (court) fee.
In Alberta, lawyers base their probate fees on a suggested fee schedule. Using this schedule is voluntary so lawyers can charge more, but most do not. The fee schedule says that to apply for the probate, a lawyer can charge $2,250 + 1/2 % of the estate (because the value is less than $150,000). So that adds up to $2,250 + $125, which equals $2,375. That's pretty close to the $2,500 you were quoted even before the probate fee is added in.
I can tell you that as a general rule, lawyer's fees are higher in larger cities and lower in smaller towns, so take that into consideration when reading this answer.
Hope this helps!
Lynne
My father just died. I have been PoA and am sole executor. There are a few small bequests and the residue of the estate (no property) is to me and my sister. Although it is a reasonable size, it is pretty straightforward, consisting of about 4GICs and an income fund. I had already done most everything necessary to wind up his affairs short of filing for probate and the final tax bill before I called an estate lawyer. The lowest estimate I got is $17,500, two others for upwards of $35,000. This seems ridiculous to me. I understand it relates to the 1% but I can't see that there is anywhere near 40-plus hours' worth of work.
ReplyDeleteIs filing for probate so difficult that I couldn't do it myself?
If you decide to apply for the probate yourself, you have an advantage over many others who take that step, simply because you are already so familiar with your father's assets and debts, having acted under his Power of Attorney.
ReplyDeleteIf you go into this with your eyes open, you can probably do it yourself. Just remember that the paperwork involved is plentiful and meticulous. It's time-consuming. It's not the kind of thing where you can just leave blanks empty if you're not sure what goes in them.
To my knowledge there is no Probate Kit or Guide available to Albertans, though I am in the process of preparing one that will be available through Self-Counsel Press in the spring. Since you can't wait that long, I suggest you contact the Queen's Printer and purchase a set of probate templates.
You will have to fill in all of the documents and schedules, sign them, get them commissioned and then file them with the Clerk of the Surrogate Court, which is part of the Queen's Bench of Alberta. At that point you will also pay the court fee, which will be in the range of $200 to $400 depending on the value of the estate.
The Clerks who work there are very knowledgeable and helpful, but they are also pretty strict, and they won't give your application to a judge until they deem your documents to be ready. Be prepared for your application to be rejected at least once before you get it through.
I'd like to give you a tip that will save you headaches. When you fill in the inventory (the NC7 document) make sure all values that you include are the value as of date of death. For example, don't use a bank statement or GIC statement that shows the balance as of a month ago. This goes for debts too. Most people neglect to put down the debts that were owing on the date of death because they've "already paid it". Even if you have paid it, it was still a debt on the date of death and it has to be included. So do funeral expenses.
This is more important than you might realize, as the exact value on the inventory is used for doing tax returns.
Best of luck with it. Let me know how it turns out.
Lynne
Thank you for the above information. I shared a joint account with my father and I understand that joint accounts are not part of probate. All his debts, including the funeral expenses are paid out of that account, which is substantial. Is it therefore permissible to enter "none" in the item about debts?
ReplyDeleteHi Marge,
ReplyDeleteThe inventory that you have to complete on an estate must give a snapshot of your father's financial picture on the day he passed away, therefore you have to list any debts that were payable on that day. This is true even if they have since been paid.
Funeral expenses are a bit of a different creature. There was no debt for funeral expenses on the day your father passed away. However you have to show them as a debt on your inventory.
You are right that joint accounts are not normally shown on an inventory. Be careful with this joint account. The law regarding intergenerational accounts, such as yours, is changing. Sometimes, when the right to survivorship is challenged by another beneficiary of the estate, the courts are requiring the surviving person to pay the account into the estate to be divided. What happens in your case will depend on the specific facts.
Joint accounts between parents and child are common, but extremely dangerous and troublesome to estates.
Lynne
Hi Marge,
ReplyDeleteMy mother just passed away and the only inheritance is her house. I am the executor of her will (I was her POA as well). My brothers and I are the only inheritors and there has never been another will written as we were given a copy when it was originally written.
Do we have to probate the will? We are not in disagreement of anything. We have a small account with monies to pay any personal taxes and house taxes and bills until home is sold.
Char
Hi Char. It's certainly refreshing to hear about an estate where everyone is agreeing on things. Kudos to you and your brothers! As for whether you need probate, that depends on the title to the house. If it is in your mother's name alone, then yes you will have to apply for probate.
ReplyDeleteLynne
Hi Lynne,
ReplyDeleteMy grandmother died in BC with a very small estate. The only intangible asset she held with any value was a mineral right title in Alberta. I have 2 questions: 1) Does her estate need to go through probate in BC and Alberta, or will Alberta recognize BC's probate order? and 2) There were no liquid assets in her estate, so how do the probate fees get paid? If the executor pays for them, how would they be reimbursed?
Thanks in advance!
As you may know, a mineral title is treated as real estate. If the estate has already been probated in BC, you will likely have to re-seal it in Alberta. The provinces don't generally accept each other's Grants of Probate. If the estate wasn't probated in BC - and you mentioned the estate is small so perhaps it wasn't - then you may be able to appy for probate in Alberta but not BC. The Alberta rules of court state that the probate should be applied for where the person resided at death, but that it's also permissible to apply where the deceased didn't live, but had property.
ReplyDeletePaying the fees might be a problem. If there isn't any money in the estate, then there isn't anything to reimburse the executor. Normally in a situation like this, the asset in question is sold to pay expenses and debts, as they must be paid before any beneficiaries receive anything, but it's pretty hard to sell a mineral title.
Lynne
Thank you so much for the quick response - very helpful!
ReplyDeleteGood morning Lynne,
ReplyDeleteOur mother passed away last week. There are only two surviving children which is my sister and myself. We are both named as executors. Her estate consists of about $80,000 in investments with her insurance company. My sister and my mother had a joint bank account so that my sister could pay bills etc. We had set up transfers from her investments on a monthly basis to cover her expenses. My question is, do we have to go through probate or could we just transfer the balance of the investments to my mothers/sisters account and then distribute according to the will. Everyone is in agreement. Thank you for any advice you my have.
Jerry
My mother is in a nursing home, I am the power of attourney general and personal, she made a will in 2007 but I am unable to find it. I don't know if she is competent to do another...what happens now? Am I still able to all things such as sell the home under the power of attourney general since she is still alive
ReplyDeleteHi,
ReplyDeleteIf your mom's will can't be found and she can't make another, her estate will end up being distributed according to intestacy laws of your province or territory. You or one of your siblings might have to apply to the court to be appointed as administrator of the estate.
Before giving up on finding the will, make sure you've looked absolutely everywhere - the bank safe deposit box, the lawyer's office, the person she named as executor, drawers and closets at home. Perhaps look at her cheque book or credit card statement for 2007 to see if you can see an entry for paying a lawyer - that way you may find the original will, or at the very least a copy of it.
When an original will can't be found, it is sometimes possible to probate a copy (ask a lawyer for help if you plan to do that).
In the meantime, the lack of a will doesn't impact your ability to act under the Power of Attorney. The will doesn't do anything while your mom is alive. If your mom is not going to be living in her house again, yes you can sell it and invest the sale proceeds in her name. Once your mom passes away, you will no longer have legal authority under the Power of Attorney.
Lynne
Hi my mother passed away last week, she had a valid will and had pre-arranged her funeral and paid for it. Her only assets are her home,chequing/savings account and a small life insurance policy.
ReplyDeleteShe did not will the home to any of her 4 children. Her estate went into probate, therefore the estate is to pay for utility and tax bills. My mother had no debt. My question is does the house need to be sold for the estate to be settled and the will to kick in? My brother lived and took care of my ailing mother for the past 10 years. I would like to give him time to grieve and make futur plans to establish himself elsewhere. I don't understand why her estate went into probate because she owed nothing. Is it possible to by-pass the sell of the house to settle the estate if all 4 children are in agreement? By the way, I am not executor of the will, I just have concerns that my mom's last wishes be honoured.
Hi,
ReplyDeleteI'm sorry to hear about your mom. But I'm really happy for your sakes that you and your siblings are talking and managing her estate amicably.
The reason your mom's will went through probate is that she owned a house. The house can't be sold or transferred to the kids or anything else without probate.
It sounds as if your mom's will left the estate equally to the four children, leaving it up to you as a group to decide on the distribution of individual assets. This means that you do not have to sell the house if there is enough money to pay expenses and taxes without selling it. In the meantime, the title to the house will either sit in the name of the estate for a while or will be transferred into the names of the children.
Leaving the house in the name of the estate for a matter of months while your brother collects himself and makes plans doesn't worry me. But if it is left in the name of the estate for too long, problems may arise, particularly if the executor of the estate should pass away.
If you are all agreed, you certainly can put the house in the name of all of the children and agree not to sell it. However, before you do that, go to the blog post about joint tenancy and read the comments there to understand the kind of problems that almost always arise from this kind of arrangement. How long will it be before someone wants to sell his/her share while the others don't want to sell, or someone realizes that if they pass away there is nothing to hand on to their children, or wants to move in to "their share" of the house?
It may seem simple to put all names on because all you do is sign a piece of paper, but believe me, unwinding the arrangement is signficantly harder. Think carefully about it and talk it through thoroughly with your siblings before you all agree to this.
Best of luck with the estate.
Lynne
Lynne
ReplyDeleteMy father and mother recently passed away a few days apart. They both had wills, and named me as Executor. Both wills have a clause disenheriting my sister and her children, which leaves me soul beneficiary. So far my sister and I are working amicably, dividing mememtos without dispute, but she has made comments that her children should be getting more than momentos. I will be applying for probate. The estate is not large - under $350,000, but I do fear that my sister will possibly object that she was disinherited.
I am confident that I can submit the probate application forms myself (waiting for your book), but was wondering if you recommend I hire a lawyer to prepare me for if my sister objects. Or rather - would you recommend I wait the 6 months after probate is granted to see what she does?
thank you
Lisa
Hi Lisa,
ReplyDeleteIf you were to see a lawyer before submitting your documents, it would make no difference to the application for probate. The documents wouldn't be any different. If your sister is going to object, she will do so after you file for probate. She will have to file documents of her own setting out her claim. So I think I'd go ahead and apply for probate.
Having said that, it wouldn't hurt to know which lawyers deal with estate disputes so that if she does file something later, you can act quickly.
Lynne
Hi Lynne
ReplyDeleteMy Mother's only asset is a joint bank account with me. I have POA and am her Executor and have looked after her financial affairs and other needs for many years.
At the time of her death I would like to pay the bills, file the taxes, and divide the remainder with my two brothers(the will calls for equal division of assets between the three of us).
I have a good relationship with my brothers and the amount involved is not significant to any of us. They are agreeable to this course of action. I recognize that they could challenge this action at a later date and am willing to accept that risk.
Is this course of action legal?
If there are no assets beyond the joint bank account is there any need to probate the will?
Thank you,
Is there a list that states exactly what debts can be listed, and which ones cannot, on the NC7?
ReplyDeleteHiLynne, we are living in B.C.
ReplyDeleteMy mom has a house that the value is way higher than the time she bought. Q1. if she wants to give it to me and my sister, we both living in the house, before anything happen. Will that trigger any tax. capital gain etc.. Q2. if she leave it asis, what it will be happened if she pass away with the will for equal to us. As we sell the house or not, what is the different? Thanks for your time.
Hi Lynne,
ReplyDeleteYour blog is very informative.
I live in BC and my mother passed away recently. She had invested in some commercialy property with my cousin's firm (her nephew). A number of months before her death, my cousin sold this property and then held the funds for her while he looked for another suitable investment. Then a couple of months before her death, my cousin had found another commercial investment and the paperwork was put into the names of my brother and me. (not anything joint with our mother and she agreed to this)This was done as it was obvious my mother was quite ill and we wondered how long she would last)Since this asset wasn't in my mother's name at the time of death, is it subject to probate fees? Thanks for your time!
In Nova Scotia is there a time limit to probate a will. My sister and I were left a farm and she is the excecutor but has not probated the will in six years. She and I are to go halves on the expense of this but she keeps putting it off. How should I handle this and what if one of us dies in the mean time?? Thank you
ReplyDeleteI understand probate costs depend largely on the product of all the value of the contested will, legal fees and of course your attorney's rate, which varies per state.
ReplyDeleteMy Aunt passed away a few months ago in BC. The executor of the will was her sister who had passed away a year before. The beneficaries are myself, 2 other nieces and one nephew. I am applying to become administrator (all others are in agreement with this). My question is how do I prepare a statement of assests (as part of the application process) when the financial institutions will not deal with me until I am the administrator? Also, do I only pay for the administration application or am I required to pay on the value of the estate? I am trying to do this on my own and am using the BC Probate Guide for information on administering an estate.
ReplyDeleteThanks for your posts, I'm sure it really answers a lot of questions out there!
ReplyDeleteAnd I agree with you, probates are costly, most especially when a person is not paying attention to what is really happening behind the scenes. Even some of us don't know much about legal wills or very few ideas are into our minds we must keep tract of the record and must always communicate with the lawyers... other factors must be included of course, you must ask you most trusted lawyer to find out...
My brother-in-law passed away recently and left a will with my husband as executor. He left everything to his spouse. Since the house was jointly owned it is not part of the estate. Also, his RIF abd TFSA had her as beneficiary on the FI paperwork so again that is not part of the estate, is that correct? The only things then are a small bank account and a small investment account-worth less than $2000. His sole Visa had insurance on it so it was paid out by that (only debt). Is probate required for such a small amount?
ReplyDeleteI own my home and I am also on title with my mother on 2 other homes--what will happen when she dies??
ReplyDeleteThank you!
A motivating discussion is worth comment. There's no doubt that that you ought to write more about this subject matter, it may not be a taboo matter but typically people do not discuss these issues. To the next! Best wishes!!
ReplyDeleteAlso visit my weblog ; Single Parenting Guide
I have a serious question about the called Probate: for my husband who died 3/yrs. ago; I was still legally maried and have a child, and according to the lawyer my name has been remove to my husband "Wills" this are the lawyers statements "Probate was granted some months ago, but we don't have Letters Probate yet because the probate fees have not yet been paid." He was refering to months of November 2011. If the representative (executor/executrix, she has the right to take the Bank Accounts, then why the Probate isn't paid?
ReplyDeletept
ReplyDeleteMy father recently passed away. Does a will have to be probated within a certain time frame (British Columbia)? He has a few term deposits and the bank has frozen all accounts until the will is probated (that's my guess anyways). The excutor has told us he has no idea what he's doing and is going to hire a lawyer. His will states that his estate is divided between 5 children and his common in law wife. I have been told that I will not recieve my full inheritance because I had a loan back in 1995 which my Mom cosigned on and when I moved away she made the payments. She passed away in 1998 so my Dad had to payoff the loan and also that my daughter owed Mom some money so that comes out of my share. The grandchildren are not even in my Dad's will and I don't see why I have to pay for her.
Any info would be helpful
Thanks
PT
Hi , Lynne
ReplyDeleteMy aunt left a will and probate has been thought n distribution of funds has been receive. My question is about residue which is left to my twin both 16yr old children . The trustee is the executor . How soon does they take to settle or close the case n dustribute whatever is left over ? And do trustee pass over the funds to the guardian which is the mother
Hi Lynne:
ReplyDeleteMy sister just passed away and she was listed with myself and another sister on some mineral rights in Alberta. Everything else was joint with her husband except for this. What happens if we don't probate her will to put her husband's name on the mineral rights? Will the mineral rights just be divided between the remaining sisters. Thanks.
Mineral rights are considered to be real estate and are registered at the land titles office. It's important to find out whether the title between you and your sisters is joint with right of survival, or tenants-in-common. You can get an updated title search for only a few dollars at the land titles office. If the title is held as joint tenants with right of survivorship, there is no point probating her will because the will won't affect it. In that case, you would give a copy of the death certificate to the land titles office so that your sister's name is taken off the title and it would belong to the surviving two. On the other hand, if the title is held as tenants-in-common, you will be required to probate the will in order to transfer the share to your sister's beneficiaries.
DeleteAs I've said a million times, it rarely works smoothly when someone puts multiple names on a title.
Lynne
Thanks Lynne - you have been very helpful. All it says on the Certificate of Title is that we are the owners of an estate in fee simple. Should I do a better search at the Land Title office?
ReplyDeleteMy father recently passed away. Does a will have to be probated within a certain time frame (British Columbia)? He has a few term deposits and the bank has frozen all accounts until the will is probated (that's my guess anyways). The excutor has told us he has no idea what he's doing and is going to hire a lawyer. His will states that his estate is divided between 5 children and his common in law wife. I have been told that I will not recieve my full inheritance because I had a loan back in 1995 which my Mom cosigned on and when I moved away she made the payments. She passed away in 1998 so my Dad had to payoff the loan and also that my daughter owed Mom some money so that comes out of my share. The grandchildren are not even in my Dad's will and I don't see why I have to pay for her.
ReplyDeleteAny info would be helpful
Thanks
PT
Hi, I answered your question as a new blog post on Jan 15, 2013, so please check there.
DeleteLynne
Sorry, but how do I view it on a blog. Can't seem to figure it out.
DeleteFind the "archives" button on the right hand side of my blog. When you click on it, it brings up a menu of months, so you'll choose January 2013. Click on that, and it brings up the January posts, in order, starting with the end of January. Hope that helps :)
DeleteLynne
Hi my father recently passed away and unfortunately does not have a will. I am trying to wrap my head around of what exactly I need to do (Manitoba) to get things straightened out.
ReplyDeleteI've spoken to a lawyer and he has outlined what is required and I do need to give him some more information so that he can start the necessary process but if I am able to do something(s) myself, then by all means I am willing to tackle them.
Thanks for your help in advance!
Hello--does the fact the house I'm inheriting has been my principal residence affect the probate process? My wife/family and I looked after my mother who couldn't have handled the house on her own. My two brothers have no problem with the will whatsover.
ReplyDeleteThe house is valued approx $350,000.
Thx N
Hi N,
DeleteI think you may misunderstand the meaning of "principal residence". If your mother owns the house and your name isn't on the title, it's not your principal residence even if you live there. From what you've told me, it looks as if your mother's house will be included in the probate application. Unfortunately, a record of title doesn't really have room for things like who has been helping out, financially or physically. Your mother would have had to address it in her will.
Lyne
My Dad's estate is worth approx 300,000.00 and is to be divided 6 ways. Dad loaned me money years ago. I know that it will be taken out of my inheritance. I owe 20,000. My question is 300,000 divided by 6 is 50,000 each minus my 20,000 so I get 30,000. OR will I have to pay back the 20,000 to make the estate 320,000 then that is divided by six.
ReplyDeleteHi. No, you don't have to actually repay the money. It's all done as a math equation :)
DeleteYou get the $30,000. Then the $20,000 that you repaid on paper is divided by 6.
Lynne
My partner's mother passed away recently (she had been suffering from dementia). There was a large amount of life insurance, but all paperwork for it seems to have disappeared. We suspect that my partner's brother manipulated his mother into signing him as the sole beneficiary of this and then lied (he is the executor of the will) about paperwork. If we have a medical report saying my partner's mother was suffering from moderate dementia at the time the beneficiary of the insurance was changed, can we chase this up, challenge the insurance beneficiary, reclaim half the insurance (the will itself is 50:50 to my partner and his brother)and have it included in the estate (I know life insurance is not usually part of an estate)? I would appreciate any advice you may have for me. Also, if my partner's brother challenges this in court, how much are court fees likely to be? We are very short of money.
ReplyDeleteThank you,
Margaret
Hi Margaret,
DeleteI can't actually tell from your note whether the beneficiary of the policy has been changed, or whether you just suspect that it has. Assuming that it has been changed, and if the money has not yet been paid out by the insurance company, the executor of the estate can send them a letter explaining that there is a dispute about the beneficiary. After looking into it, the insurance company may decide to pay the money into court, rather than to the beneficiary.
If this is done, there would have to be a hearing in front of a judge to decide who is going to get the insurance money. Obviously the executor will be arguing that it should be paid into court.
If the money has already been paid to the beneficiary, you will have to start a lawsuit against him to recover the money.
I should warn you right up front that litigation is never quick and is never cheap. You may or may not be successful based on your evidence, and if you do not win the case, you may also be responsible for paying the legal fees for the brother. Think carefully before you start court proceedings against anyone.
Your best bet is to try to find a lawyer who offers a free consultation up front (and plenty do this) so you can show him/her the paperwork and get an idea of what you'd be in for.
Lynne
Oops, in that last post, my sentence should have been "obviously the executor is going to argue that the money should be paid into the estate" and not "into court". Sorry!
DeleteLynne
Dear Lynne,
ReplyDeleteThank you so much for the response, it was really helpful. I will discuss this with my partner and caution him about possible costs. I know he doesn't yet have a lawyer, but I know that where we live just outside Victoria (his brother is in Calgary) there are a number who practise, so we can chase up the free consultation advice.
Thanks again, it is much appreciated,
Margaret
My father was married 7 times, his last wife left bc to alberta months before my father passed on. My sister was executor of the estate until it was changed within weeks of the death of my father to my stepmother.Some of the blood children of my father wonder if she left with the intent of different laws between alta and bc. Should the natural children of the father be allowed to see any of the two wills. It seems the children of my stepmother have received all of both estates.If we the natural children of the father have an entitlement and were unaware of it how do we proceed?
ReplyDeleteThank you,
Gary
Hi Gary,
DeleteIt sounds as if your father lived in BC. If so, the law that governs your father's estate should be BC law, regardless of where his wife lives.
The general rule about seeing someone's will is that you must be a beneficiary of the will to see it. This is a bit of a catch-22, since sometimes you don't know if you're a beneficiary unless you see it. In this case, a letter from a lawyer formally asking whether you're a beneficiary will generally at least produce a response.
Generally adult children don't have "an entitlement" to a parent's estate. But because your father lived in BC, you and the other children may be able to take advantage of the wills variation law there. This law allows a court to make changes to the distribution set out in a will on fairness grounds.
You should be aware that there are deadlines for this and if you have waited too long you may be out of luck.
I recommend that if you want to know more about challenging a will under wills variation legislation, you contact an experienced estate lawyer and have a frank discussion about the law, the costs and your chances of success. The only lawyer whose name comes immediately to mind for me is Stan Rule. I haven't met him but I see his blog posts all the time and he knows a lot about estates.
Best of luck,
Lynne
Thank you Lynne, i think the golddigger got it all
DeleteDear Lynne,
ReplyDeleteHi! I was given your book on estate planning by my financial planner. However, I am in Sask visiting family now and don't have the book with me.
My Father and Aunt want me to be the sole inheritor of one asset - a property. My father has an ex-wife and another daughter. In the divorce decree, the property was ruled "not a family asset".
My Aunt wants to make me a joint owner with survivorship rights. Does that protect me from the ex-wife and daughter? At one time, my father and aunt were joint owners. Now she is the sole owner.
I want everything to be safe and legal.
Thanks! Valentina
Hi Lynne, So glad you wrote your book. It's been a great help. Also glad to find the updates to the forms for Alberta. I'm just about done with my application. A couple of questions. NC7: my mom's estate contains a quarter section with leased pipeline and well site surface rights leases from which she derived rent. Am I correct that they are to be included on NC7 as per page 76? Or are the leases that you speak of ones that are leased BY a person that would have produced income? (Does this make sense, or am I brain dead?)
ReplyDeleteSecond question re NC27. I'm just not clear on what is to be included besides the NC19's. On page 159 #6 and # 10 you suggest that all documents sent must be listed as well as attached to NC27. But in the sample you only list the notices but add the statement that the notices were sent with a copy of the whole application for probate. Does the NC27 then, also need to have listed and attached all the documents of the application for grant of probate as well? (Doesn't make sense to me since the court already is going to have all the whole application for probate anyway.)
Sure would appreciate your response.
Thanks, Fred
Hi,
ReplyDeleteMy mother passed away 8 years ago in Ontario. At the time, she had one bank account, with approximately $1000 in it. The bank wouldn't release the money to myself, or any of my siblings because my mother had no will. We hired a lawyer, and paid him approximately $1000 to get this money from the bank to be distributed among myself, and my brothers and sisters. To this date, he tells me he is working on it, but there is a process, and the money cannot yet be released. Can the process of closing out my mother's bank account take 8+ years?
Eight years??? No. Something wrong there.
DeleteLynne
One can always avoid probate to save money. But your information will surely help many readers in deciding the amount of funds required for probate.
ReplyDeleteVery few people can "avoid probate to save money" since most of them take steps without legal advice and end up costing much more in legal fees to fix their mistakes.
DeleteLynne