tag:blogger.com,1999:blog-436024129575354145.post1228958395001149363..comments2024-03-19T01:26:39.791-07:00Comments on Estate Law Canada: Are co-executors liable for each others' actions?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-436024129575354145.post-54635818538392867902018-12-23T21:41:43.390-08:002018-12-23T21:41:43.390-08:00The fact that you're asking your question twic...The fact that you're asking your question twice means that I didn't answer the question you intended to ask the first time around. Sometimes I have to guess because I can't tell what people are talking about. The same thing is happening here even though this is the second go-around with this question. I don't know what "and accountability 17 years later" means. I don'Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-8230671044187433582018-12-23T08:54:34.704-08:002018-12-23T08:54:34.704-08:00Thank you for the response above. 3 executor 1 die...Thank you for the response above. 3 executor 1 dies (a retired lawyer) and accountability 17 years later.<br />In a post above passive executor turned a blind eye, did nothing to prevent the loss apply in this situation.<br />A life policy is unaccounted for. The remaiin ing got truste states the other guy handeled it as he was a retired lawyer. Who is accountable ? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-88270463513250686732018-12-10T20:10:16.642-08:002018-12-10T20:10:16.642-08:00Absolutely the remaining executors are responsible...Absolutely the remaining executors are responsible for accounting! Why wouldn't they be? Only 1 executor died, so the other two were supposed to carry on with the job. It's possible that you may have limited access to the lawyer's records after all this time but hopefully the 3 of you were actually working together so you can piece together the accounting without that person.<br /><brLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-28082091480652297332018-12-09T10:37:56.046-08:002018-12-09T10:37:56.046-08:003 Executors named , one is a lawyer. The lawyer pa...3 Executors named , one is a lawyer. The lawyer passes 3 years later. The Estate now is over 20 years old. Does the deceased hold any accountability?<br />No accounting has been done for 20 years. Are The remaining 2 Executors responsable for accounting ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-74397931021990021022017-10-14T19:52:10.054-07:002017-10-14T19:52:10.054-07:00No, you don't. The co-executor who has not ste...No, you don't. The co-executor who has not stepped down can act alone. However, if you pass away with a will appointing two people and one doesn't want to do it, he or she will have to sign a Renunciation after your death. That is basically a document saying he or she doesn't want to do it and is alright with the other co-executor carrying on alone. If you believe that getting that Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-22739763688649866852017-10-14T14:08:08.923-07:002017-10-14T14:08:08.923-07:00do I have to re write my will if one of the co exe...do I have to re write my will if one of the co executors steps downAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-23096982139296653932017-08-07T11:54:06.235-07:002017-08-07T11:54:06.235-07:00Dianna, you didn't actually ask a question so ...Dianna, you didn't actually ask a question so I'm going to infer one. Yes, if you're a co-executor and you're aware that the co-executor is causing loss to the estate and if you do nothing about that , you can personally be held liable for some of the loss.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-1857553020139717512017-08-05T06:14:08.923-07:002017-08-05T06:14:08.923-07:00So if I'm aware that the co-executor is not ac...So if I'm aware that the co-executor is not acting (behavior)in such a way,resulting in devaluation of the estate. As well further delays to beneficiaries. (3yrs)<br />The co-executor is a beneficiary.Dianna Wardnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-32387777778609970532016-02-03T08:45:59.870-08:002016-02-03T08:45:59.870-08:00Everything I said in this post is true.
Obviousl...Everything I said in this post is true. <br /><br />Obviously if both are negligent, both are liable.<br /><br />You do raise an interesting point, though, about passive co-executors. While this post was meant to be more about how certain co-executors can take more or less blame than others, it would have been more complete had I included a discussion of executors who are too passive.<br /><br />Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-28525119519973210132016-02-02T15:44:37.359-08:002016-02-02T15:44:37.359-08:00Not true passive coexecutors who are negligent can...Not true passive coexecutors who are negligent can be held liableAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-52249294102731227512015-02-17T16:46:56.320-08:002015-02-17T16:46:56.320-08:00Along this line, what happens if one of the joint ...Along this line, what happens if one of the joint and several co-executors becomes mentally incompetent? Does the competent executor fully take over, or does the mentally incompetent's power of attorney step in to act on behalf of the executor?writing with ren dirthttps://www.blogger.com/profile/17594245553429865345noreply@blogger.com