tag:blogger.com,1999:blog-436024129575354145.post5260126766045658995..comments2024-03-24T04:54:52.124-07:00Comments on Estate Law Canada: Tips for an executor on completing an estate inventoryLynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-436024129575354145.post-8587897162104561642019-10-12T12:46:26.069-07:002019-10-12T12:46:26.069-07:00Hi Michelle,
I'm glad the kit is working for y...Hi Michelle,<br />I'm glad the kit is working for you. <br /><br />If the assets in the USA is real estate, you are going to have to eventually go through re-sealing or some form of probate in the US courts. Therefore you should not include them on the Alberta inventory. Otherwise you are paying probate fees on those assets twice (once in each jurisdiction) even though the Alberta court Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35486821902542413172019-10-11T18:40:47.208-07:002019-10-11T18:40:47.208-07:00Hi Lynne, thank you, I have purchased your Alberta...Hi Lynne, thank you, I have purchased your Alberta Probate Kit and it has been extremely helpful in completing the application for probate. I have a question regarding the inventory. My father owned property and had assets in the US as well as Alberta. When I am applying for probate in Alberta, does the inventory (NC7) only include property, assets, and debts in Alberta? Or do I include Michellehttps://www.blogger.com/profile/09971661950586542954noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-79861829061580904462016-04-27T13:36:10.426-07:002016-04-27T13:36:10.426-07:00Hi Lynne, thank you for allowing me to share this ...Hi Lynne, thank you for allowing me to share this on your blog, and for commenting on this. I can see this may not be truly black and white.<br /><br />Essentially there are four siblings who are residual beneficiaries. My brother was made Joint (I think the banks refer to this as POA) on my mother's account(s) in 2012 according to the acting Executor (my mother's brother), to facilitate Canon_Manhttps://www.blogger.com/profile/07894807014376955857noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-74311780211659167572016-04-27T09:50:38.376-07:002016-04-27T09:50:38.376-07:00I'm assuming that you are talking about transa...I'm assuming that you are talking about transactions that occurred after the deceased passed away.<br /><br />The answer to your first question depends on the relationship between the deceased and the joint owner. Normally a joint account is not part of an estate so there would be no reason for you to expect an accounting of it. The account would belong to the surviving joint owner, even if Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-12720297332897860542016-04-25T09:40:35.421-07:002016-04-25T09:40:35.421-07:00Under Ontario law, is it required or expected that...Under Ontario law, is it required or expected that the Executor will provide a clear, concise and detailed accounting of bank transactions for any bank accounts held jointly between the deceased and a named residual beneficiary, (a beneficiary also listed as Executor)? <br /><br />Can the acting Executor ignore this step? <br /><br />What happens if he/she does? <br /><br />When should this Canon_Manhttps://www.blogger.com/profile/07894807014376955857noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-63053763902115346162016-01-22T07:02:35.087-08:002016-01-22T07:02:35.087-08:00Utilities are not a debt, but an expense. Don'...Utilities are not a debt, but an expense. Don't include ongoing expenses in the inventory.<br /><br />A future debt, to me, would be a tax liability, or the repayment of a loan. These things exist at the time the person died.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-88571264029238550542016-01-15T20:40:59.696-08:002016-01-15T20:40:59.696-08:00Thanks for this info...it is hard to remember all ...Thanks for this info...it is hard to remember all the questions to ask a lawyer when you see him in person. One question needing clarification...when you talk about future debt...do you mean future utilities on the house of the deceased that is being put on the market? If you do include these utilities, how many months would you include in the inventory? For example, Mom died in January, do youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-29536074011045221162015-10-09T05:58:47.336-07:002015-10-09T05:58:47.336-07:00Thank you for your comments. My brothers and siste...Thank you for your comments. My brothers and sister are beneficiaries in our mother's will and her estate.My mother passed away on August 5, 2015. It appears that many of the 'issues' we are having with her brother named Executor, are addressed here in Ontario by changes made regarding Wills and Probate in January 2015. The Executor is using a heavy handed approach offering no Canon_Manhttps://www.blogger.com/profile/07894807014376955857noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48177810872750408792015-10-09T05:21:46.562-07:002015-10-09T05:21:46.562-07:00The details of exactly what has to be given to whi...The details of exactly what has to be given to which beneficiaries, and when, differs from province to province, but the general guiding principal is the same. Residuary beneficiaries are entitled to full documentation but specific beneficiaries are not. <br /><br />Both of these types of beneficiaries fall within your description of "named beneficiaries" so I believe this distinction Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-87459654217369596712015-10-07T16:11:12.328-07:002015-10-07T16:11:12.328-07:00Is the Executor required to provide named benefici...Is the Executor required to provide named beneficiaries with a copy of the Inventory list? A) only if requested in writing? B) Automatically?Canon_Manhttps://www.blogger.com/profile/07894807014376955857noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-40451460486623287692015-06-10T20:00:06.979-07:002015-06-10T20:00:06.979-07:00When an executor is named but doesn't want to ...When an executor is named but doesn't want to take on the job, he or she has two basic choices. <br /><br />One is to renounce the job. This must happen at the beginning of the estate. If the executor does this, he or she has no say in who takes over the job, so the executor can't really "transfer" it to anyone else.<br /><br />The other option is to hire a trust company to act Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-40591019795381921242015-06-08T07:45:22.307-07:002015-06-08T07:45:22.307-07:00What happens when a named executor in the Will wan...What happens when a named executor in the Will wants to transfer responsibility to someone else?Anonymousnoreply@blogger.com