tag:blogger.com,1999:blog-436024129575354145.post4976235760958365935..comments2024-03-24T04:54:52.124-07:00Comments on Estate Law Canada: Where are the "executor police" when you need them?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger61125tag:blogger.com,1999:blog-436024129575354145.post-34344450121088977632019-03-21T06:36:32.900-07:002019-03-21T06:36:32.900-07:00This sounds like a really tough situation for your...This sounds like a really tough situation for your whole family. The heart of the question is whether the executor can be removed but I want to cover a few other things too.<br /><br />One is the ownership of your parents' home. You refer to it as the family home and I'm sure that's how it seems, but legally it belongs to someone specific. In the vast majority of cases, married Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54470370537276539712019-03-19T20:27:08.259-07:002019-03-19T20:27:08.259-07:00Hi Lynne,
My mother passed away July 2015. My bro...Hi Lynne,<br />My mother passed away July 2015. My brother was named executor of her Will but has never provided a copy to mysel or my sister. My Dad recently went into a home due to the fact he had dementia. My sister had moved in the house over 6 montages ago to care for my Dad. Now that Dad needs more care and no longer resides at the family home, my brother is trying to force her to leaveAnonymoushttps://www.blogger.com/profile/04803815703098307870noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-28030856414175900782018-10-21T18:47:43.444-07:002018-10-21T18:47:43.444-07:00My mother passed away recently. I obtained a lawye...My mother passed away recently. I obtained a lawyer and asked him to search for a Will, I do believe there is one. My older siblings, who know they very well aren't benefited, went with another lawyer, and is trying to get one of them appointed the estate trustee. My younger sister and I have not consented to her being appointed, unless co-administrator with me. She's trying to get us to Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51113211738363054452018-08-15T09:03:12.199-07:002018-08-15T09:03:12.199-07:00Hi Lynne , my brother died leaving his 3 sisters...Hi Lynne , my brother died leaving his 3 sisters ( I am one of them) 1/3 of his estate. My oldest sister the executor sent me some money 8000.00 with no copy of the will and no accounting. I know the estate should have had more funds but the refueses to give he further information. I do not have a lot of money to fight her in court , is there anything I can do on my own to force her hand to Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-65091875094456406082018-04-24T08:04:17.730-07:002018-04-24T08:04:17.730-07:00It's a pretty bad will that doesn't say th...It's a pretty bad will that doesn't say this, but yes I would assume an equal distribution. I say this because an estate is a form of trust, and in the absence of any other instructions, a trustee is bound to maintain an even hand among all beneficiaries. <br /><br />Having said that, the executor is entitled to reduce the share of a beneficiary if that beneficiary owed money to the Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-6517397331036089692018-04-23T09:15:33.920-07:002018-04-23T09:15:33.920-07:00Hello,
I have a very specific question. If a will...Hello,<br /><br />I have a very specific question. If a will does not specify how to distribute the liquidated proceeds canthe executor determine the “cut” for each beneficiary or is it understood that it should be equal between all?Wife of a beneficiaryhttps://www.blogger.com/profile/05756813218297366350noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19929411160589888202018-01-24T18:51:25.751-08:002018-01-24T18:51:25.751-08:00Hello,
I have an aunt living in the states, whom ...Hello, <br />I have an aunt living in the states, whom is the executor. My grandfather passed a few years back. And stated in his will my siblings and myself were to receive a chunk of money when turning the age of 28. <br />My aunt now refuses to speak to any of us or give us what my grandfather wanted.. is there anything we can do? Lawyers or is it a lost cause? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-90721478497616142822017-12-06T15:54:53.081-08:002017-12-06T15:54:53.081-08:00Hi. As harsh as it might seem, I believe that the ...Hi. As harsh as it might seem, I believe that the executor is right in this case. You are only entitled to see the part of the will that gives you your bequest. You can't force her to give you a copy.<br /><br />You can try searching your uncle's name at the probate court to see if the executor submitted the will for probate. If so it's now public record and you can get a copy there.Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-22181231093922728102017-12-06T05:07:54.550-08:002017-12-06T05:07:54.550-08:00Hello,
After my uncle passed away I was told by m...Hello,<br /><br />After my uncle passed away I was told by my aunt I and 6 other were going to be his beneficiaries. 2 of which are his long time friends children. He lived in a different city then the rest of the family and for convinience name one of the friends children as the executor. We email her as an introduction and she replied we were beneficiaries and to except a letter from the Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-2842236122280674342017-09-01T21:36:58.929-07:002017-09-01T21:36:58.929-07:00My older sister Maria who is the executor is wit...My older sister Maria who is the executor is with holding money from me from my father . I believe there is no stipulations on how its to be given . Knowing him , the will does not say withhold the money until so and so .Both of my sisters are very controlling . My sister Maria who is the executor is doing this to me . She asked for my copy of our fathers will , because she needed it for one Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-86720696446675665812017-05-28T18:29:53.935-07:002017-05-28T18:29:53.935-07:00Do about what? Does your brother want to be the PO...Do about what? Does your brother want to be the POA again? Does he want to revoke the one that appoints the brother? Does he want his share of the house proceeds? This question is just too vague to answer.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-10814694777826892552017-05-25T07:43:55.365-07:002017-05-25T07:43:55.365-07:00Hi
My Husband was POA of his father then his bro...Hi <br /><br />My Husband was POA of his father then his brother lied to his father about my husband had it changed we never received any documents of revoke now My father in law is in nursing home with Dementia brother is law sold house etc is there anything we could do?Anonymoushttps://www.blogger.com/profile/11344686601875916851noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35820147917285807272017-05-19T20:42:35.170-07:002017-05-19T20:42:35.170-07:00Hi, Lynne.
My sister and I had a very tumultuous ...Hi, Lynne.<br /><br />My sister and I had a very tumultuous relationship with my grandmother and were estranged from her at the time of her death. Our cousin, with whom we have never been terribly close, is the executor of her estate and, we believe, the primary beneficiary. <br /><br />In the unlikely event that my sister and I are still included as beneficiaries in my grandmother's will, isAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-5779424684400866422017-04-19T08:51:37.578-07:002017-04-19T08:51:37.578-07:00Thank you so much Lynne!Thank you so much Lynne!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-24220677513949038182017-04-16T16:22:12.901-07:002017-04-16T16:22:12.901-07:00Thank you Lynne!Thank you Lynne!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-34149585732031216562017-04-14T13:36:14.379-07:002017-04-14T13:36:14.379-07:00No, you don't have to meet him. I expect that ...No, you don't have to meet him. I expect that the reason he wants you to pick it up in person is so that you can sign the release at the same time. That's usually how we get around the distrust issue of "what if I sign but he doesn't send the money?" and the corresponding "what if I send the money and he doesn't sign?" It seems unlikely under the circumstances Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-23905459778376640672017-04-12T15:59:54.434-07:002017-04-12T15:59:54.434-07:00Hi Lynne,
I am the beneficiary of a will. So far t...Hi Lynne,<br />I am the beneficiary of a will. So far the executor was doing his job. Last year he gave me a check from the estate, except the holdback to pay taxes. Last week he called me to tell me, that everything was paid, all the documents are ready and soon I get my check. Now he is demanding half of remaining holdback from me telling me how much he helped me. He wants to split the money Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-13509753933377032482017-03-14T12:13:26.176-07:002017-03-14T12:13:26.176-07:00Who is the executor named in the wills?
LynneWho is the executor named in the wills?<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-82800076785141461202017-03-13T16:00:21.517-07:002017-03-13T16:00:21.517-07:00Hi lynne ...My Father died just recently and my Mo...Hi lynne ...My Father died just recently and my Mom pass a couple years ago ...Both had a will ...Both were living in a home with my sister ....Now that my Dad has passed my sister has changed the locks on his part of the house and well not allow anyone that had=s property left to them in my fathers and my mothers will to get this propery...Is there anything we can do about this <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-34498734904279507882016-09-04T22:31:13.429-07:002016-09-04T22:31:13.429-07:00Hi Lana,
Obviously what your aunt has done is not ...Hi Lana,<br />Obviously what your aunt has done is not okay. It's wrong not just because she's a beneficiary but is doubly wrong because she is an executor.<br /><br />To force her to repay the cost of the items she took, the other executors would have to use the courts. They should consider that a last resort because it's expensive, lengthy, and ugly. <br /><br />The two remaining Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-45793714895024226722016-09-04T17:27:58.069-07:002016-09-04T17:27:58.069-07:00Hi Lynne, I have found your posts very useful. I ...Hi Lynne, I have found your posts very useful. I was wondering what actions would be available to my parents who are currently involved in a sticky situation since my Grandmothers death. My mother along with her two siblings are all executers to my grandmothers will. My Mother and Uncle both live in Canada with my Aunt living in the United States. The item of contention is the family cottage Anonymoushttps://www.blogger.com/profile/16548774037978485050noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-30016306264370463802016-07-12T13:34:01.474-07:002016-07-12T13:34:01.474-07:00Lynne, thank you very much for your reply. In this...Lynne, thank you very much for your reply. In this case, there is only one beneficiary (the organization), and nobody will be upset if the five-year period is extended. The delay has been largely due to the beneficiary organization's difficulty (and foot dragging) in implementing one of the funded projects in the particular manner specified by the deceased. I am confident that this will be Anonymoushttps://www.blogger.com/profile/00548933727742772340noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27681761412434350712016-07-10T09:55:12.431-07:002016-07-10T09:55:12.431-07:00If the will imposes a five-year deadline, it shoul...If the will imposes a five-year deadline, it should state where the money goes if the deadline is not met. I would assume the will names other beneficiaries in the event the funds are not disbursed. The rights of those beneficiaries cannot be ignored, and they will likely challenge you if you choose to ignore the deadline.<br /><br />It's possible, of course, that the will has a flaw and Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-7200391958901082762016-07-10T05:39:54.921-07:002016-07-10T05:39:54.921-07:00I am the executor of an estate in which the sole b...I am the executor of an estate in which the sole beneficiary is a non-governmental organization. The funds are to be directed to specific projects, and the organization must submit proposals/budgets to the executor before funds are released. The Will further stipulates that all funds are to be dispersed on or before the fifth anniversary of death. The five-year mark is approaching, and I have Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-74087906774736030352016-06-21T08:27:36.366-07:002016-06-21T08:27:36.366-07:00As executors you are legally obligated to follow t...As executors you are legally obligated to follow the will. You do not have the legal right to ignore the parts of the will that you do not like or agree with.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.com