tag:blogger.com,1999:blog-436024129575354145.post6307845456110563663..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: Can I sell estate property before getting probate?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger150125tag:blogger.com,1999:blog-436024129575354145.post-34465940713311808272020-11-26T19:57:01.539-08:002020-11-26T19:57:01.539-08:00Yes.
LynneYes.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-67377631512308761322020-11-15T07:25:03.426-08:002020-11-15T07:25:03.426-08:00Both of my parents died within a month of each oth...Both of my parents died within a month of each other and all 3 children are executors. Can we sell the vehicles before we get probate?<br />Anonymoushttps://www.blogger.com/profile/13994454411181556666noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-70556235214261506442020-05-14T20:58:59.450-07:002020-05-14T20:58:59.450-07:00Yes, it is. Interesting that you would ask two law...Yes, it is. Interesting that you would ask two lawyers and me (so three lawyers in total) just because you read something online. You do realize that absolutely anyone can write anything online, even if they know squat about it? I don't mean to sound sarcastic, but wow, that is so frustrating.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27362653176848530122020-05-13T20:01:10.616-07:002020-05-13T20:01:10.616-07:00Hello Lynne,
I am a resident in Ontario, and I am...Hello Lynne,<br /><br />I am a resident in Ontario, and I am in the process of selling my mother in law's house who just passed away last month. I read online that you don't need to apply for probate to sell the house, and 2 of the lawyers I contacted said that I would need probate. Is applying for probate a requirement before selling the house? Many thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-32591286345160928052020-03-26T20:11:43.780-07:002020-03-26T20:11:43.780-07:00Your reference to "government certificate&quo...Your reference to "government certificate" could be either the mandate (equivalent to probate) or the tax certificate. I assume the former, since this thread is all about selling property before probate. This is confusing to me though because your question was exactly answered in my post. So maybe I'm missing something?<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-58805289134743126522020-03-26T07:41:54.725-07:002020-03-26T07:41:54.725-07:00MY Mother in law passed away and we are waiting fo...MY Mother in law passed away and we are waiting for the gouverment certificate from the liquidator. can we put the house on the market with a condition of sale?Anonymoushttps://www.blogger.com/profile/13774363110610369301noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-50955495054860321392020-01-23T16:25:09.386-08:002020-01-23T16:25:09.386-08:00Hi LYNNE ,
My husband's parents and brother pa...Hi LYNNE ,<br />My husband's parents and brother passed. He did not change the name on title. It is now an estate. Do I HAVE to change ownership or can I just leave as an estate??<br />Anonymoushttps://www.blogger.com/profile/06458270866359110937noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-83240561550490595912019-12-26T20:20:52.035-08:002019-12-26T20:20:52.035-08:00When you ask whether "they can take my lot fr...When you ask whether "they can take my lot from me", I'm not sure whether you mean the one that still has your name on it, or the one that has the buyer's name on it but presumably was not paid for.<br /><br />In either case, I can tell you this: as a general rule, agreements regarding land must be in writing. Verbal agreements are useless when a) it is to do with land, and b) Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-29764987460817522722019-12-25T16:31:41.852-08:002019-12-25T16:31:41.852-08:00Hi Lynn, in 2000 my husband and I sold two adjoini...Hi Lynn, in 2000 my husband and I sold two adjoining lots to someone who had no downpayment under an agreement that we would give her the downpayment and one of the lots would remain in our name. She got the lot with the house on it. In 2011 this person died and the estate is in probate. The purchase agreement listed the two lots but her name was on the title of one lot and ours was on the other.sweetcahillhttps://www.blogger.com/profile/17701975987640366131noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11997117034676889992018-09-18T05:07:12.532-07:002018-09-18T05:07:12.532-07:00The fact that they live there doesn't mean the...The fact that they live there doesn't mean the house didn't go through probate, though this might be the case. You can find out easily enough by doing a search at the probate court on the mom's name. If the will was probated, it will show up there.<br /><br />If you're right and the house has not gone through probate, then yes that has to be done before the title can be Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-53812046907411768812018-09-17T22:00:34.469-07:002018-09-17T22:00:34.469-07:00A house that is listed in my city's Tax Sale i...A house that is listed in my city's Tax Sale is owned by a mom who died more than 15 years ago. Her 2 sons live there. That means the house didn't go through probate. If I win the auction for this house, does it mean ownership cannot be transferred until probate is done? And after probate is done, I might not get the house and could lose the entire purchase price I paid? Please advise.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-56588079431568811602018-06-21T03:09:32.858-07:002018-06-21T03:09:32.858-07:00OK , a couple months ago we all verbally agreed to...OK , a couple months ago we all verbally agreed to sign the paper to fix the error, but its being delayed. Probate was granted in February and if i am correct the 6 months will be up in August. If the paper is not signed by then can i still contest the will or is my window closed after the 6 months. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-17218110907984688152018-03-24T08:46:33.966-07:002018-03-24T08:46:33.966-07:00If there is an error in the will, your sister can&...If there is an error in the will, your sister can't decide for everyone how it is to be handled, whether she is the executor or beneficiary, or both. I don't blame you for not signing anything at this point. Your gut instinct was right.<br /><br />This is worth looking at more carefully. It sounds as though everyone agrees there was an error but not everyone agrees on what to do about it.Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-3215556101944774502018-03-22T08:56:03.521-07:002018-03-22T08:56:03.521-07:00I have a named gift(shared with my sister) in my m...I have a named gift(shared with my sister) in my mothers will but there was an error that unfortunately did not get fixed in time. The error was to add more to our named gift. My sister also gets the rest of the estate. My sister is trying to get me to sign a paper saying i help pay half the fees out of my share or she won't sign the paper to fix the error. If no paper is signed she gets the Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19614231705035810512018-03-08T09:44:57.905-08:002018-03-08T09:44:57.905-08:00The property can be listed for sale before probate...The property can be listed for sale before probate is granted but you cannot transfer the title before probate is granted. In other words you cannot finish the sale without the probate.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-87829818382281702002018-03-08T05:13:17.198-08:002018-03-08T05:13:17.198-08:00Mother and daughter owned a house together, each o...Mother and daughter owned a house together, each owning 50%. The mother has since passed away. She left her 50% to the estate to be equally distributed to her 4 children (which includes a share to the daughter that owns the other 50% of the house.). Can the house be listed and sold before probate with the surviving owner(daughter) getting her 50% of the house proceeds upon sale and the other 50% Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-66999428753674026512018-02-13T08:36:01.840-08:002018-02-13T08:36:01.840-08:00ok there is a chance the licenses can be fished th...ok there is a chance the licenses can be fished this spring/summer while in probate. If they are fished who would get the money and who pays the taxes on the income?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35171827609976904442018-02-09T20:43:15.003-08:002018-02-09T20:43:15.003-08:00The sale of the licenses and all other estate asse...The sale of the licenses and all other estate assets is handled by the executor. You beneficiaries don't have the right to have any say in the price or the buyer, etc. That doesn't mean that if you know of a valid buyer you can't suggest it to the executor. Of course you can. But you cannot insist on the executor doing things your way. <br /><br />As for timing, the average estate Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54113759179509813222018-02-09T14:05:37.231-08:002018-02-09T14:05:37.231-08:00Also, do we need the courts approval to sell the l...Also, do we need the courts approval to sell the licence?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-28886496971996729132018-02-08T16:36:12.987-08:002018-02-08T16:36:12.987-08:00Thank you,
If you don't mind I would like to ...Thank you,<br /><br />If you don't mind I would like to ask you a couple more questions. <br />I have been told the will says the license is to be sold and split up to the 3 of us. Who looks after the sale of this and can the 3 of us who are the recipients be involved in the sale? Also the lawyer recieved the money to start the probate this week and he said it would be a couple weeks to Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-54012015577269432132018-02-08T08:19:07.543-08:002018-02-08T08:19:07.543-08:00The answer to your second question is yes, you wil...The answer to your second question is yes, you will have to wait until probate goes through. The executor won't be able to sell an asset of that value without probate. However, the court processing of probate isn't lengthy - we're talking weeks, not months - once the executor gets all the information to the court.<br /><br />Your first question is not so easy to answer. Will some of Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-6252313093261032382018-02-08T06:40:49.229-08:002018-02-08T06:40:49.229-08:00My father passed last month and i am down to recie...My father passed last month and i am down to recieve 1/3 from the sale of his licences that are worth around 300k. The will states they will be sold and split. The trustee has said some of the fees may need to be paid with this money. Also one of the 3 isalso ggetting the house and everything else. Will the court force us to pay some of the fees with the sale money? Will we have to wait until Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-20017228945957316372017-10-30T16:04:32.219-07:002017-10-30T16:04:32.219-07:00Though this seems a simple question, the answer is...Though this seems a simple question, the answer isn't simple. I would need more information. Are there beneficiaries of the estate other than you? Did your mother say anything in her will about her intentions for the joint property? Perhaps she discussed with the lawyer WHY she was adding your name? <br /><br />The issue you are faced with is that when a parent adds a child to an asset, on Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-30023851600050001852017-10-28T17:39:26.796-07:002017-10-28T17:39:26.796-07:00My mother had her house in her name and mine,done ...My mother had her house in her name and mine,done by a lawyer 2 years ago..she passed away a few months ago and was wondering if I can sell the house which has no mortgage .Does the executor have any say at all .Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-56070388860311502362017-10-13T20:40:21.612-07:002017-10-13T20:40:21.612-07:00I am on the other end of this. I am living in my ...I am on the other end of this. I am living in my deceased parents home. The house was left to my sister and myself. I pay for the taxes, insurance and maintain the home. My sister would like to sell the home but I would not. Can she kick me out? I should also mention the will has not been probated yet.Anonymoushttps://www.blogger.com/profile/05648816699618395076noreply@blogger.com