tag:blogger.com,1999:blog-436024129575354145.post2700374360573180417..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: How do I change executors?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger54125tag:blogger.com,1999:blog-436024129575354145.post-48065042570228311282020-11-21T14:16:54.475-08:002020-11-21T14:16:54.475-08:00the creditors will go after the estate which will ...the creditors will go after the estate which will be owned by mortgage company.<br />Carlohttps://www.blogger.com/profile/03474487098245907619noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48091393131212622212020-09-17T09:47:13.786-07:002020-09-17T09:47:13.786-07:00My dear father passed away on March 16th, 2019 lea...My dear father passed away on March 16th, 2019 leaving a will (I, along with my four siblings are the beneficiaries) and he named my Aunt and Uncle as co executors. To date, they have not probated the will.<br />They hadn't had Dad's financial accounts frozen and placed in an Estate Trusted Account at the time of his passing, they have not provided us with any reports of any kind relatingAnonymoushttps://www.blogger.com/profile/17114177094178621697noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51126246219334334902020-03-08T16:20:49.106-07:002020-03-08T16:20:49.106-07:00If your aunt is unable or unwilling to be the exec...If your aunt is unable or unwilling to be the executor, she can renounce. This is as simple as her signing a one-page document called a Renunciation.<br /><br />Your mom's estate should be processed in the jurisdiction where she normally lived. When you say "we" are in Canada, I'm not sure if that includes your mom or not. Assuming your mom lived in Canada, her estate should be Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-18685946720632512972020-03-03T21:46:29.388-08:002020-03-03T21:46:29.388-08:00Hello
My mom recently passed and had a very dated ...Hello<br />My mom recently passed and had a very dated will that had my aunt as her executor whom is now unfit/unwill.<br />How do they sign over excutor rights? They are willing but not sure where to start?<br />We are in canada and they are in the US not sure if that complicates Anonymoushttps://www.blogger.com/profile/02356561252337370778noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-76421265982058189162019-12-26T20:09:47.448-08:002019-12-26T20:09:47.448-08:00It's possible to keep your wills as they are a...It's possible to keep your wills as they are and simply do a codicil to amend your executorship clause. But this is one of those times where what you CAN do is not necessarily what you SHOULD do. In 15 years, no doubt a few things have changed in terms of your finances and your family. It's worth it to review it all, and by that I mean life insurance, RRSPs, banking, etc, in the context Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-40741208136794721252019-12-26T10:32:38.103-08:002019-12-26T10:32:38.103-08:00Hello, my wife and my individual wills state my br...Hello, my wife and my individual wills state my brother as executor, and we are now (15 years later) thinking of changing out my brother for our two children (31 and 34) as co-executors.....long process? or expensive? You mentioned not a good idea to have siblings as co-executors (they are equal beneficiaries)? Can the change be done within a few weeks? Thankyou. R.M.RMnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-79280876999589349062019-11-12T08:32:02.449-08:002019-11-12T08:32:02.449-08:00If your wife renounces as executor, a person named...If your wife renounces as executor, a person named as the alternate executor in the will has the right to take over. You haven't mentioned an alternate, so I'll assume there isn't one.<br /><br />An executor cannot assign or delegate the role of executor. Only your wife's mother (or a court) can decide who is in charge of the estate.<br /><br />Does the will have to go through Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-31726538514666860972019-11-11T13:09:28.289-08:002019-11-11T13:09:28.289-08:00My wife's mother passed way a week ago. She di...My wife's mother passed way a week ago. She discovered she was named the sole executor of the will. The problem is her mother's estate is in New Brunswick and she resides in Ontario. We know makes things more complicated and expensive. Is it possible to transfer to the role of executor or give signing authority to her brother who lives in New Brunswick? The estate is small and is going toAnonymoushttps://www.blogger.com/profile/00858435132564290639noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-69571427915112933422019-05-04T21:56:16.441-07:002019-05-04T21:56:16.441-07:00I assume that you're talking about a person ge...I assume that you're talking about a person getting his or her own will changed. It's not expensive, particularly if you go back to the lawyer who did the original will. This is because the lawyer should have your will stored on his/her computer and won't have to start from scratch. Then again, if your will is totally ancient, the lawyer likely will start over. When people who are Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-52784645087143910122019-05-02T06:03:28.772-07:002019-05-02T06:03:28.772-07:00Does it cost a lot to change executor of will?Does it cost a lot to change executor of will?Anonymoushttps://www.blogger.com/profile/07423774859341736935noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-64153283662551969982018-11-14T16:06:29.175-08:002018-11-14T16:06:29.175-08:00How is he managing to do everything on his own if ...How is he managing to do everything on his own if there are two executors named? Did you sign the application for probate? If the will has gone to the probate court with you named as executor, it's too late to renounce. <br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-90150032753619124692018-11-14T15:23:11.502-08:002018-11-14T15:23:11.502-08:00My brother and I were named co executors on my mot...My brother and I were named co executors on my mothers will. She has since passed and my brother has taken care of everything as he still lived in the same city. Now we are being told we need to set up an Estate account to deposit her CPP cheque. As I live out of town and have not done anything for the estate can I renounce being executor or is it too late? I just want to make everything easier,Anonymoushttps://www.blogger.com/profile/11669512238778065258noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48380596847736207362018-10-28T17:13:20.179-07:002018-10-28T17:13:20.179-07:00There is no legal requirement to tell someone they...There is no legal requirement to tell someone they've been removed as executor. Her mom was entitled to appoint whoever she wanted without saying anything to anyone.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51230364408282551502018-10-27T08:14:08.612-07:002018-10-27T08:14:08.612-07:00Hi Lynn,
My wife was identified as a co executor ...Hi Lynn, <br />My wife was identified as a co executor of her step mothers will, this after her father passed away June 2017. Step mom created a new will with her bio daughter and her step daughter ( my wife). We have the original of that will. <br />Over the past year the two executors have had issues. Now mom passed away this week. <br />The daughter tells us a new will was created during Timhttps://www.blogger.com/profile/09012643548379508377noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-3512934836015703662018-08-31T08:23:30.246-07:002018-08-31T08:23:30.246-07:00That is the right form, but you should provide it ...That is the right form, but you should provide it to the other executor. Then he or she will include it in the package of documents that goes to the court when he/she applies for probate. Your renunciation form explains why there are two executors named in the will but only one is applying, so it makes sense that it's packaged with the others.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-63876029824213834502018-08-29T13:02:11.601-07:002018-08-29T13:02:11.601-07:00I am currently listed in a will as a co-executor b...I am currently listed in a will as a co-executor but I know that I cannot act as an executor so I wish to renounce. Upon the death of the person whose will it is, do I just file a 'Renunciation of right to a certificate of appointment of an estate trustee' with the Superior Court in Toronto (ON)? And then the remaining executor applies for status as the executor? Anonymoushttps://www.blogger.com/profile/16532455730162269608noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-40774946888855029942017-08-18T22:07:34.520-07:002017-08-18T22:07:34.520-07:00My uncle (by marriage) is very ill with a brain tu...My uncle (by marriage) is very ill with a brain tumour. His speech is getting worse daily. His lawyer....is his friend, silent business partner and now executor of my uncles will. This lawyer is now stealing money from my uncle, and having my uncle sign all different types of paperwork. My aunt (blood aunt, his wife) has recently passed away, who WAS the executor etc....How do I fix this? Would Anonymoushttps://www.blogger.com/profile/00017714503034797856noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-17459690567856443752017-08-04T18:09:46.775-07:002017-08-04T18:09:46.775-07:00You don't have a lot of options. If the execut...You don't have a lot of options. If the executor will not willingly participate in the estate, you have to force the issue. The only hammer you have is the court system. <br /><br />You will need to ask the executor for a full accounting, of course. Other possibilities will depend on what you find out. If she has in fact spent the money there may be an order removing her as executor and one Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19096031907638513302017-08-02T08:58:07.994-07:002017-08-02T08:58:07.994-07:00Our Father passed away, leaving our step-sister as...Our Father passed away, leaving our step-sister as executor to his will. All his possessions were divided up amongst those named in the will and property sold. The lawyer is attempting to contact her as she just needs to fulfill the CRA tax on property and the remaining moneys divied up. Neither the lawyer or our siblings can get an answer from her. We suspect she has spent all of the money and Anonymoushttps://www.blogger.com/profile/01900029581005858182noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51540100921796085982017-07-26T10:01:35.080-07:002017-07-26T10:01:35.080-07:00On your mom's will, you don't have to do a...On your mom's will, you don't have to do anything yet. In fact, you really can't do anything yet, other than tel her you don't want to do it.<br /><br />If she passes away and you're still named as an executor, you can renounce the job (I've posted on that a couple of times so search for that and you'll find tons of info on how and when to renounce).<br /><br />Your Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-61803261952051213852017-07-26T08:00:30.784-07:002017-07-26T08:00:30.784-07:00I want to remove my name as co-executor to my pare...I want to remove my name as co-executor to my parents will. My Father passed but my Mom has not. How do I make this happen so it's clear and legal?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-31923843378834875052017-05-24T13:13:24.624-07:002017-05-24T13:13:24.624-07:00Thank you! I was hoping that was not the case. I...Thank you! I was hoping that was not the case. I guess I'm going to court.Anonymoushttps://www.blogger.com/profile/13430745111598555425noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-69009863377245865152017-05-09T05:16:39.876-07:002017-05-09T05:16:39.876-07:00I wish I could say that your situation is rare, bu...I wish I could say that your situation is rare, but it's not. I honestly feel terrible for executors who are doing their best but receive nothing but hostility for their efforts.<br /><br />As I said in the original post, once you begin work as the executor, you cannot renounce the job without court permission. Obviously I don't know everything you've done as executor, but the fact Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-43875351911833567922017-05-06T10:15:23.623-07:002017-05-06T10:15:23.623-07:00I am the executrix of my sister's will. Stil...I am the executrix of my sister's will. Still awaiting probate decision from bank. This family is very controlling, manipulating and contentious. I am receiving very caustic e-mails and my health is declining and angst increasing. Is there any way to get out of it all now?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-60544843127740598102017-03-28T06:12:41.006-07:002017-03-28T06:12:41.006-07:00No, not without a court order. I doubt you would b...No, not without a court order. I doubt you would be able to remove an executor because of the plaque issue, particularly because you wouldn't be able to serve the girlfriend with notice of your motion. <br /><br />Have you done a search at the probate court for any records there? If the girlfriend filed for probate, there would be a copy of the will on file.<br /><br />I know that won't Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.com