tag:blogger.com,1999:blog-436024129575354145.post6935722891109777152..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: 15 basic (but important) points about executorsLynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger19125tag:blogger.com,1999:blog-436024129575354145.post-71417017962430583232018-08-26T12:56:41.329-07:002018-08-26T12:56:41.329-07:00Hello,
I would like to know whether one of two ex...Hello, <br />I would like to know whether one of two executors can try to mollify a difficult situation with a beneficiary wihtout the approval of the other? Basically there are two executor and three beneficiaries, with the odd man out being increasingly difficult. One of the executors is trying to mediate the situation (selfishly) so that they can retain a relationship after the estate is Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-56006536591896409702016-09-11T19:42:22.172-07:002016-09-11T19:42:22.172-07:00Hi Hugh,
Yes, it's okay if another lawyer draf...Hi Hugh,<br />Yes, it's okay if another lawyer drafts it. And yes, you can still continue to use the fave lawyer for other things.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19175257659301255102016-09-11T13:55:56.866-07:002016-09-11T13:55:56.866-07:00Hi!
You often say that a lawyer cannot be include...Hi! <br />You often say that a lawyer cannot be included in a will. But what if a person WANTS to include their lawyer? <br />Is it possible/allowable to go to a DIFFERENT lawyer, have the will made there, and in it include the favorite lawyer?<br />That way, the favorite is just another beneficiary. Would that be okay?<br /><br />If it is okay, can the person continue to use the favorite Hugh G. Reckshinnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-65411930650230504032016-09-10T17:06:55.665-07:002016-09-10T17:06:55.665-07:00Go to the land titles office or registry of deeds ...Go to the land titles office or registry of deeds in your town and ask for a title search. Give them the legal description of the land (i.e. block, lot number) if you can. It's only a few dollars and is done almost instantly.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-78059722253682582282016-09-10T14:28:00.308-07:002016-09-10T14:28:00.308-07:00I would like to know how to get a copy of the deed...I would like to know how to get a copy of the deed to our home. It's owned outright, and the lawyers did not send a copy or the original to me. Should I actually have a copy?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-21707602734659020362016-09-09T11:57:37.751-07:002016-09-09T11:57:37.751-07:00ASAP is correct. The sooner you dispose of an asse...ASAP is correct. The sooner you dispose of an asset like a house the better (of course not giving it away). Getting rid of the asset faster saves maintenance costs, taxes...etc...etc. I did drive my parent's car for about a month because they lived 100 km away and I had no other means to travel to take care of estate business. I made a judgement call that using the vehicle would be less Paddyhttps://www.blogger.com/profile/02481374369488852053noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-1633649021824739622016-09-07T14:48:29.224-07:002016-09-07T14:48:29.224-07:00@Paddy
A 'will' that is properly drawn up...@Paddy<br /><br />A 'will' that is properly drawn up by a 'good' lawyer that reviews all areas of concern is a must have. <br />My situation. My lawyer is leaving his firm and I will now have to deal with someone else at the same firm. This is beyond bizarre. Something is VERY VERY wrong here. TBC<br />webeyehttps://www.blogger.com/profile/10591157930288427778noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-49997799462121502882016-09-06T07:56:07.303-07:002016-09-06T07:56:07.303-07:00The difference between real and personal property ...The difference between real and personal property and the obligations of executors and rights of executors. My parent's will gave me sole authority to sell all real AND personal property. I distributed the personal property evenly (actually took pics and created a secret facebook group and had beneficiaries call dibs)...that worked but there was also a provision in the will that set an order Paddyhttps://www.blogger.com/profile/02481374369488852053noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-60795556790167992052016-09-06T06:26:00.290-07:002016-09-06T06:26:00.290-07:00Thank you so much for the comments on sharing info...Thank you so much for the comments on sharing information with the alternate executor. It is so generous of you to give your time and expertise to readers like me.Unknownhttps://www.blogger.com/profile/08614748400179903150noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-12357512702299190152016-09-05T04:14:16.696-07:002016-09-05T04:14:16.696-07:00I have to question your advice on not taking up re...I have to question your advice on not taking up residence in a deceased relative's home while carrying out the executor's duties of closing his/her estate and paying rent.<br /><br />My brother passed away on the 19th of May. We, the family, were totally unprepared for his untimely death. When I was summoned by a call from the hospital medical staff of his impending death, the evening ofAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-18166144360360510182016-09-03T09:55:39.051-07:002016-09-03T09:55:39.051-07:00Lynne
As an executor, you have the discretion to d...Lynne<br />As an executor, you have the discretion to do what you feel is best for the estate. You cannot delegate any tasks that require judgment (such as deciding whether or not to take an offer of settlement or deciding whether or not to take legal action) but as I understand it, you're not talking about delegating it now.[Lynne]<br />Those are the words I wanted to hear/see based on my webeyehttps://www.blogger.com/profile/10591157930288427778noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-80195048992001644172016-09-03T08:38:11.745-07:002016-09-03T08:38:11.745-07:00There is no requirement that any information be sh...There is no requirement that any information be shared with the alternate executor, but I can certainly see your point in wanting to share the information regarding the claim.<br /><br />It makes sense to me in terms of your duty to protect the estate that you would keep the alternate executor up to date. This could well prevent a mistake or omission on his part that might otherwise cost the Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-75735604904889954452016-09-02T12:13:39.917-07:002016-09-02T12:13:39.917-07:00Probably a lot more than 15, but I think I'll ...Probably a lot more than 15, but I think I'll try to limit myself :)<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-7133799187441431382016-09-02T12:12:03.257-07:002016-09-02T12:12:03.257-07:00No. The executor should be charging rent (at marke...No. The executor should be charging rent (at market value) from any tenant, no matter who it is. The executor's job is to maximize the estate assets. Failing to charge rent means a financial loss to the beneficiaries and the executor may well have to come up with the unpaid rent out of his or her personal funds.<br /><br />However, let's be practical. Often, there is someone living in theLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-69344478312844735882016-09-01T18:36:32.281-07:002016-09-01T18:36:32.281-07:00Re: Alternate executor - what information is it ap...Re: Alternate executor - what information is it appropriate/legal for the executor to share with the named alternate?<br /><br />I am almost at the second year mark as executor dealing with a very modest but somewhat complicated estate. At this point, the main complication is a legal claim against a promissory note signee who has refused to date to honour the (4) notes acknowledging debts to my Unknownhttps://www.blogger.com/profile/08614748400179903150noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-57324214940609145012016-09-01T12:13:00.886-07:002016-09-01T12:13:00.886-07:00It seems to me that you don't have much choice...It seems to me that you don't have much choice but to hire a lawyer and get the question regarding the validity of the will answered.<br /><br />When an executor brings a question like this to the court, his role is to be neutral. In other words, your role is to ask the court whether the will is valid, not to convince the judge that it is or is not valid. The beneficiaries who stand to Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-78878671864841129052016-09-01T09:31:45.730-07:002016-09-01T09:31:45.730-07:00An executor is not entitled to move into the decea...An executor is not entitled to move into the deceased's home rent-free. Can an executor allow somebody else to move into the deceased's home rent-free as well as paying the electricity bills for that person out of estate funds?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-72413139319896190252016-09-01T08:44:53.437-07:002016-09-01T08:44:53.437-07:00What can an executor do when an objection to the w...What can an executor do when an objection to the will has been filed. For example, three executors were appointed in the will. All 3 acted for 8-9 months at which point 2 renounced. The will has been objected to by one of the beneficiaries indicating it is not valid, and asking for it to be thrown out and allow for a previous will to remain valid, this would also remove the remaining executor Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-42737107314897258082016-09-01T08:32:48.569-07:002016-09-01T08:32:48.569-07:00Excellent!
How many points can you come up with a...Excellent!<br /><br />How many points can you come up with about beneficiaries?webeyehttps://www.blogger.com/profile/10591157930288427778noreply@blogger.com