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Thursday, May 25, 2017

New episode of The Law Show now online - and we've answered a ton of your questions!

The latest episode of The Law Show is now online and available for listening on www.vocm.com (and yes, it's free). This week we answered a long list of questions sent in to us at our email at thelawshowNL@gmail.com, or here on this blog. We covered many interesting topics from family dynamics to getting a copy of the will to calling the police about out-of-control family members. Click here to listen in and scroll down to the episode you want to hear. If you don't know which episode to click on, look to the right hand side of this blog for the topic listing.

11 comments:

  1. Hello, Lynn

    I just recwives an email from the executor of my dad's estate.

    It reads,
    I deposited the $110 today from the garage sale. The 2015 taxes will yield a refund of over $600. The 2016 taxes are not done as yet. I will keep you informed. It has been almost
    a year and a half since I started working on this estate and I really could use a thousand dollars($1000) to pay part of my bill. It would be greatly appreciated! Thanks!

    First of all my dad passed away in December 2016.
    His taxes were done for the year.
    Is it common to be doing the taxes twice on a deceased person.

    Now to the letter from the executor he has asked for an early payment without submitting or indicating how much his bill is.

    When he informed me back un December that he wanted to be the executor of the estate I agreed he could be, since he was my dads power of attorney, so he said as I jAve never seen legal documents to prove this is true.

    But the want to be executer insisted on a probate so I agreed to have this small estate that has made alittle over 25000.00 probated.

    The house was sold from an add I placed.

    The executor held a garage sale to sell all items on the property of the esate, and he did sell two vehicles.

    I don't know how much he is entitled to, he became the legal executor of the estate last August, so in August 2017 of this year will be one whole year.

    He did mention along time ago that his lawyer told him that he should be paid 3500.00, I told him that he was entitled to 5% of what the state brings in.

    Not sure if I am right, now that the estate has been probated, how should he be paid through the probation judge of the estate or do I have to pay him.


    ReplyDelete
  2. Hello, Lynn

    I just recwives an email from the executor of my dad's estate.

    It reads,
    I deposited the $110 today from the garage sale. The 2015 taxes will yield a refund of over $600. The 2016 taxes are not done as yet. I will keep you informed. It has been almost
    a year and a half since I started working on this estate and I really could use a thousand dollars($1000) to pay part of my bill. It would be greatly appreciated! Thanks!

    First of all my dad passed away in December 2016.
    His taxes were done for the year.
    Is it common to be doing the taxes twice on a deceased person.

    Now to the letter from the executor he has asked for an early payment without submitting or indicating how much his bill is.

    When he informed me back un December that he wanted to be the executor of the estate I agreed he could be, since he was my dads power of attorney, so he said as I jAve never seen legal documents to prove this is true.

    But the want to be executer insisted on a probate so I agreed to have this small estate that has made alittle over 25000.00 probated.

    The house was sold from an add I placed.

    The executor held a garage sale to sell all items on the property of the esate, and he did sell two vehicles.

    I don't know how much he is entitled to, he became the legal executor of the estate last August, so in August 2017 of this year will be one whole year.

    He did mention along time ago that his lawyer told him that he should be paid 3500.00, I told him that he was entitled to 5% of what the state brings in.

    Not sure if I am right, now that the estate has been probated, how should he be paid through the probation judge of the estate or do I have to pay him.


    ReplyDelete
  3. @Richard WilliamsMay 29, 2017 at 10:49 PM

    It appears that The Executor has a lawyer.
    Do you have one? There appears to be a lot of 'little things' going on with this Estate. You put your faith and trust in someone who might or might not be working in your best interest??? Who was named Executor of the estate? Perhaps more info is needed.

    ReplyDelete
  4. Richard, your details are not clear.

    While you state your dad died in December 2016 (only 4 months ago), you later specify the executor was legally appointed last August (2016). An executor could not have been appointed before your dad died.

    The person appointed as POA is not necessarily the Executor unless the will states such.

    Assuming your Dad had a will, who did the will appoint as Executor? And are you the only beneficiary?

    Since the estate owned real property, there would be a requirement for probate whether beneficiaries or the executor agreed or not.

    Your wording regarding probate, "this small estate that has made alittle over 25000.00" seems odd as the value of the estate includes everything held including the house, vehicles, bank accounts ..., whether those items are to be sold or not.

    Unless specified otherwise in the will, executor compensation is typically based on the total estate value on DOD. Executor compensation is paid from estate funds prior to distribution to beneficiaries, not out of pocket by beneficiaries. Again, unless the will specifies otherwise, executor compensation is typically paid after the majority of the estate administration has been concluded, and the executor has provided a full detailed accounting including specifics of the executor compensation being claimed, for beneficiaries to review and approve. While there are guidelines for the amount of compensation owing (unless the will provides otherwise), if beneficiaries agree with the claimed amount, then that will be the amount to be paid. If beneficiaries cannot agree on the amount, then a Judge will need to establish the appropriate executor compensation to be paid from the estate.

    ReplyDelete
  5. Yes my mistake my sad passed away December 2015.

    The will only mentions my name as the only beneficiary of his estate.

    I placed an add that found the buyer for the house.

    The executor became executor last August 2016 when I sent his lawyer a notorized document to confirm my decision and make him the executor.

    Then they did a probate on the estate, and
    The executor had a garage sale and sold most of the contents of the estate including two vehicles.

    I had to appoint someone as an executor as I live in British Columbia, and the estate is in Manitoba.

    My question is now we are almost to the end of selling anything more.

    I would like to know how to proceed from here.

    The executor has asked me to pay him 1000.00 as part of his bill.

    I was under the impression that according to manitoba law he is paid a percentage, and his out of pocket expenses.

    What should I ask him to send me to prove his out of pocket expenses, and what percentage would I pay him for his service.

    The funeraland all bills were paid an add was placed in the paper for anyone to come forward if my dad owed them money.
    I think the lawyer was involved to do the probate for the estate.

    When do I receive my inheritance, can I request the executor to send me the final bank statement, and his experiences.
    Can I pay the executor after the money gas been transfered to my bank.

    Taxes so he did the taxes in 2016, but it sounds like he is doing the taxes for 2017, I believe I heard him say that when he did the taxes in 2016 the government paid the estate a burial fee, but did not give the estate a final pension cheque.
    The estate is around $30,000.00

    ReplyDelete
    Replies
    1. Richard, when you have this many questions, it's not a great idea to rely on a blog for help. Are you able to meet with a lawyer even for an hour to talk over your next steps? I would certainly feel better knowing that you were able to get advice that is tailored for you from someone who has a chance to look at the paperwork and ask questions.

      Lynne

      Delete
  6. @ Richard
    Your letter is an important one because your situation is somewhat unique because you are in Manitoba and your father lived in BC. The question- how do you handle this? I don't know if you did this or not, but perhaps you should have consulted a lawyer in Manitoba first, as to how to proceed. It would have been money well spent IMO. There are often so many unknowns when it comes to estate matters. I do speak from experience.

    ReplyDelete
  7. Hi thanks for getting back to me, I am the one living in bc, and this is why I have an executor.

    My question here is how much is an executor in Manitoba entitled to, and what proof should I be asking for when I review his expenses.

    ReplyDelete
    Replies
    1. An executor is entitled to claim between 1% and 5% of the gross value of the estate. Where he or she falls on that scale depends on a number of things including the complexity of the estate, the value of the estate, whether there were any particularly tangly things to straighten out, etc. Though most executors automatically try to get 5%, that is usually not appropriate. The high end of the scale should only be used when there are very complex assets (e.g. businesses to wind down or sell, homes in different countries, etc).

      Most of the time, the beneficiaries don't ask for "proof". In the majority of cases, the executor produces a summary of income and expenses. If the beneficiaries are okay with that, the executor doesn't have to produce anything else. So don't assume that not providing "proof" means anything negative.

      If you as a beneficiary want to see more paperwork, you are certainly entitled to do so. You can ask to see receipts, work orders, cancelled cheques, bank statements, credit card statements, deeds, etc. If you are a residuary beneficiary, you are entitled to see all of that. Don't ask for an original to keep because you won't get it.

      Like I said, the "proof" is not usually produced automatically but you are within your rights to ask for it.

      Lynne

      Delete
  8. @ Richard Williams
    This might be of help..
    http://www.winnipegfreepress.com/business/finance/so-youre-an-executor-307246881.html
    Comments from above article
    ve4mm
    9:39 AM on 6/13/2015
    I was an executor in 2000 when my aunt and uncle passed away within 6 months of each other.
    It was over $1M and I had all the assets sold and everything was in order within 6 months. Tons a hours and stress.
    Then my greedy aunt and her 3 kids in Ontario tried to steal the entire estate. The aunt stole the condo at 55 Nassau but that was it. I made sure of that. They dragged it on for 5 years and they hired council.
    It was a horrible experience.
    1 reply
    Gord Richardson
    6:17 PM on 7/1/2015
    How do you 'steal' a condo? It's real estate, has a title and there's a legal process to have title transferred from the deceased owner to the successors named in the will. If the condo was not expressly bequeathed in the will, then it's an asset of the estate and the only one able to dispose of it by sale is the executor with Grant of Probate and a notarized copy of the will in hand when a real estate agent is engaged to list it.

    ReplyDelete
  9. I have a problem with the executor, he does not answer my emails.

    Perhaps I should have a lawyer involved

    What kind of lawyer would I need, I am in British Columbia and the estate is in Manitoba.

    ReplyDelete

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