tag:blogger.com,1999:blog-436024129575354145.post1593207920213924779..comments2024-03-24T04:54:52.124-07:00Comments on Estate Law Canada: Can my executor also be a beneficiary?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger38125tag:blogger.com,1999:blog-436024129575354145.post-11624297611651791852018-09-23T14:49:42.704-07:002018-09-23T14:49:42.704-07:00Because you were legally adopted, you are as much ...Because you were legally adopted, you are as much the child of your mother as are your siblings. <br /><br />You ask when you are to be notified of a statement of assets, but you should realize that there is no court officer going to send you anything. The only things you are going to get are coming from the executor. That is the one and only person with any obligation or role in this.<br /><br /Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-21946039903791473842018-09-23T05:35:05.323-07:002018-09-23T05:35:05.323-07:00Wow, a lot of great information, when you have no ...Wow, a lot of great information, when you have no clue what to do. My mother passed away a little over a year ago. I am the youngest and legally adopted. When my mother passed my brother and sister chose not to notify me, my aunt actually read the obit in the paper a week later and told me. I was estranged from the family because my now deceased father was an alcoholic and I chose to stay Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-6404895196581885952017-07-07T23:11:30.977-07:002017-07-07T23:11:30.977-07:00Hi Lynne:
Recently, my wife was told her breast c...Hi Lynne:<br /><br />Recently, my wife was told her breast cancer is "terminal" and were told to get our Power of Attorneys and Health Care Directives in order. We did this within a matter of a few days with the help of a lawyer and it was quite expensive. When the lawyer reviewed our (30 year old) will, everything was in order except for the fact that our named executor is now deceasedRLNhttps://www.blogger.com/profile/04548132300416231107noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35892987850045828872017-06-16T20:01:44.938-07:002017-06-16T20:01:44.938-07:00Thank you so much for replying to confirm that for...Thank you so much for replying to confirm that for me. This was not an issue previously because was told he would not be claiming the 5% executor fee on top of not paying his rent. Now he is wanting to claim that fee that he feels that he is entitled to. He has already banked over 6K by not oaying his rent. My dad has been covering his rent to make up the mortgage to carry the house until it soldAnonymoushttps://www.blogger.com/profile/17039742008685589943noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-63127098846536363282017-06-12T19:09:50.967-07:002017-06-12T19:09:50.967-07:00He should be paying rent. He is breaching his duty...He should be paying rent. He is breaching his duty to maximize the estate. His owed rent could be taken out of his share of the estate but with him being the executor I'm sure he'll refuse and you'll have a fight on your hands.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-47006445138569035052017-06-10T10:11:16.134-07:002017-06-10T10:11:16.134-07:00Hi Lynne
I am a benefeciary of my grandfathers wil...Hi Lynne<br />I am a benefeciary of my grandfathers will. My Mother, brother, and little sister are also beneficiaries. My brother was appointed an executor of the will and also resides in my grandads home as a tenant. He has not payed rent since my Grandfather died. His argument for that is because that money that he is paying in rent will eventually be going to the three of us and he doesn'Anonymoushttps://www.blogger.com/profile/17039742008685589943noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-52378032875826837772017-05-09T05:08:32.928-07:002017-05-09T05:08:32.928-07:00So this struggle is over grandfather's will, a...So this struggle is over grandfather's will, and he's still alive? I hear a lot about what you want and your step mother wants and very little about what your grandfather wants. Your family sounds like a flock of vultures.<br /><br />First of all, nobody can make you a co-executor of your grandfather's estate except for your grandfather. <br /><br />Secondly, while your poor Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-73547464378045570352017-05-06T22:11:28.129-07:002017-05-06T22:11:28.129-07:00Hi Lynne, maybe you could help me on a urgent matt...Hi Lynne, maybe you could help me on a urgent matter. Back in 2015 my father died of cancer. Before he died, him and his wife (my step mother) were looking after my grandfather for several years. My father was the executor of my grandfathers will. When dad passed away my step mother became executor. She has told me that she was going to make me co executor but ive never seen it in writing. My Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-75094674688697463152017-03-01T19:40:58.235-08:002017-03-01T19:40:58.235-08:00No, not directly. I assume that by "retiremen...No, not directly. I assume that by "retirement investments", you're talking about RRSP or RRIF investments. They carry a named beneficiary so only the beneficiary named can receive those investments when the owner of them dies. If the child isn't named, he or she doesn't receive them, period.<br /><br />If the named beneficiary has already died, or if nobody was named as Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-61052129930207856232017-02-28T20:38:22.124-08:002017-02-28T20:38:22.124-08:00may a trustee, or child, receive retirement invest...may a trustee, or child, receive retirement investments even though the beneficiary was not named?anonhttps://www.blogger.com/profile/15290146849762889913noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-52449471242716620082016-12-30T09:47:22.191-08:002016-12-30T09:47:22.191-08:00I assume you mean it's spelled wrong in the wi...I assume you mean it's spelled wrong in the will and not in probate documents. I also assume it's too late to fix the will.<br /><br />It's not a problem. Say the executor's name is John Doe but the will accidentally called him John Doh. The probate documents can be made naming him as "John Doe, in the will described as John Doh". There would be a statement in the Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-88566601242176329392016-12-30T06:49:03.605-08:002016-12-30T06:49:03.605-08:00My aunts will is assigned to friend as executor. T...My aunts will is assigned to friend as executor. The lawyers spelled the executors last name wrong. What will happen and does anything change in albertaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-36270008196959036752016-12-23T18:18:35.389-08:002016-12-23T18:18:35.389-08:00It's legally possible to name an executor in a...It's legally possible to name an executor in another country, but let's face it, naming someone as far away as Egypt makes things harder. <br /><br />Your friend can name a family member or friend in Canada, or even a trust company. No, I wouldn't act as executor. I almost never agree to act as executor for anyone. And remember that he is the one who needs to find and name an executorLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-66571846085828151362016-12-21T15:49:46.257-08:002016-12-21T15:49:46.257-08:00i live in egypt i love someone in canada i have be...i live in egypt i love someone in canada i have been the one for him for 16 years in bad times during his illness he wants to make the will for me he has a house i will get but i live in egypt can he make me the excutor or can u be my excutor ifyougoa@yahoo.comnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-50362034194349517502016-08-20T16:39:07.303-07:002016-08-20T16:39:07.303-07:00There's no way I can answer this. I don't ...There's no way I can answer this. I don't know them, their abilities, their attitudes, or even where they live. There are just too many unknowns for me to make guesses.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54930400562311139372016-08-15T03:00:30.984-07:002016-08-15T03:00:30.984-07:00I have a wife and 4 childern ages over 25 , whats ...I have a wife and 4 childern ages over 25 , whats a sugesstion I should for them as executors , beneficiories and witness Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11353431703125830012016-06-07T10:25:15.122-07:002016-06-07T10:25:15.122-07:00Lynne we have problem. Prior to our mom's pass...Lynne we have problem. Prior to our mom's passing she reinstated our names( my sister's and I) as beneficiar ifs of her investment s outside the estate plan. Her estranged husband is the executor! He is contesting us as beneficiaries to the investments. Isn't this a conflict of interest? Is he allowed to submit his legal fees for this to the estate?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-5959413903454082072016-04-24T16:18:47.462-07:002016-04-24T16:18:47.462-07:00Lynne
I just happened to come across Anonymous Mar...Lynne<br />I just happened to come across Anonymous March 3,2016. I am in a somewhat similar as Executor/Beneficiary. My sibling will not communicate with me.There are violations. I am having a difficult time getting this case to Trial. I am being stonewalled not only by my sibling but also by lawyers, lawyers who have misbehaved. Unbelievable but true. As beneficiary I am now seeking legal webeyehttps://www.blogger.com/profile/10591157930288427778noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-30596867185742390912016-03-03T05:37:09.819-08:002016-03-03T05:37:09.819-08:00There's no easy way, that's for sure. When...There's no easy way, that's for sure. When parties won't talk to each other voluntarily, your only recourse is either mediation (which is a long shot between estranged siblings) or speaking through lawyers via the court system. The lack of communication is going to cost money.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-17096682298518794352016-03-03T00:06:18.135-08:002016-03-03T00:06:18.135-08:00Hi Lynne,
If the beneficiaries (such as siblings...Hi Lynne, <br /><br />If the beneficiaries (such as siblings) aren't on speaking terms, and one of the beneficiaries is also the executor of the will, is there any way to ensure that all beneficiaries will be dealt with fairly?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-4007676234600054832015-12-26T12:40:24.306-08:002015-12-26T12:40:24.306-08:00Hi Lynne,
Merry Christmas and happy holidays to ...Hi Lynne, <br /><br />Merry Christmas and happy holidays to you and your family ! I hate to ask sort of the same question you've already answered but i live in Ontario and would like to re assure myself of two things. <br /><br />I was appointed Executor and also am a Beneficiary on my best friend's will. He has left two life insurance policies one to be paid to his mother as a Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-2930775548217941862015-11-17T15:20:08.603-08:002015-11-17T15:20:08.603-08:00This question wasn't answered at the time it w...This question wasn't answered at the time it was posted for one simple reason. There is just WAY too much there to answer in a brief blog post. This is the kind of thing that takes a couple of hours worth of discussion with a lawyer, and I'd be doing no favours to anyone by giving a quick response here.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-6987440274910453222015-11-17T15:18:04.791-08:002015-11-17T15:18:04.791-08:00I get the feeling that what you'd like to do i...I get the feeling that what you'd like to do is just cross out his name, since you mention not doing a codicil. I don't ever recommend crossing out stuff from a signed, witnessed document if it can possibly be avoided. You can certainly change executors by making a codicil or a new will.<br /><br />Yes, you can make your own codicil. Be careful to reference your earlier will, and to Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27632144754977996012015-11-17T15:13:54.080-08:002015-11-17T15:13:54.080-08:00Glad to hear it :)
LynneGlad to hear it :)<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27638005926228928372015-11-17T12:23:20.821-08:002015-11-17T12:23:20.821-08:00Great stuff, Lynne. You were an immense help to me...Great stuff, Lynne. You were an immense help to me.OnlyMehttps://www.blogger.com/profile/04889788966896799320noreply@blogger.com