tag:blogger.com,1999:blog-436024129575354145.post76467997708774434..comments2024-03-24T04:54:52.124-07:00Comments on Estate Law Canada: Executors collecting debts of the deceasedLynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger39125tag:blogger.com,1999:blog-436024129575354145.post-31157456545219760082019-12-06T22:56:43.989-08:002019-12-06T22:56:43.989-08:00A father asked a child to take over a vehicle 20 y...A father asked a child to take over a vehicle 20 years ago. The vehicle was legally transferred to the child. The child was to make the payments without any legal loan or formal agreement in the child’s name, just make the payment every month. The child honoured the commitment and paid off the remainder of the monies several years later on the vehicle to the father, and the vehicle was traded forDanhttps://www.blogger.com/profile/16112914181865099674noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-29531869619361921272019-10-15T07:21:14.064-07:002019-10-15T07:21:14.064-07:00The proper person to start this lawsuit is the exe...The proper person to start this lawsuit is the executor, who is the legal representative of the estate. If the executor does not sue for it, and it's an enforceable debt, then your argument is with the executor and not with the person who defaulted on the debt.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-1573201455793452952019-10-14T14:26:47.213-07:002019-10-14T14:26:47.213-07:00My mother passed away and a family member did not ...My mother passed away and a family member did not pay a loan that my mother co signed. The person walked away from loan and my mother was left with the debt can I use as I am a benifecery of the willAnonymoushttps://www.blogger.com/profile/11194026192716273360noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-5234898113559783842019-04-08T17:13:05.894-07:002019-04-08T17:13:05.894-07:00I don't suppose you have anything from her in ...I don't suppose you have anything from her in writing about not having to pay the rest? <br /><br />From what you've said, the evidence at hand shows that she gave you a loan and she documented it. You acknowledge the loan and repaid just over half of it. You have only a verbal instruction from her that the rest is forgiven.<br /><br />So, yeah I'd say he has a leg to stand on. Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-22903306079410643062019-04-06T21:54:05.088-07:002019-04-06T21:54:05.088-07:00Thank you Lynne. Yes, the letter states no repayme...Thank you Lynne. Yes, the letter states no repayment is ever necessary. Too bad it has gotten so ugly :( I repaid it back out of good faith and then stopped when she said to. That is why a loan contract was never written before she passed. :(Anonymoushttps://www.blogger.com/profile/11875266437341716761noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-9871983160214722262019-04-06T21:51:01.100-07:002019-04-06T21:51:01.100-07:00Here is a question. My aunt sadly passed away - Sh...Here is a question. My aunt sadly passed away - She gifted me 12000 to purchase a house, when she was alive I repayed it down to 6600$. Before she died (had cancer for a long time) she said do not worry about the remainder. My uncle is now coming after me. I do have the original gift letter that she signed for the 12000. Does my uncle have a leg to stand on? Thanks.Anonymoushttps://www.blogger.com/profile/11875266437341716761noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-59264643322477322912018-12-26T14:10:37.378-08:002018-12-26T14:10:37.378-08:00This whole transaction would have been much cleane...This whole transaction would have been much cleaner if you had not paid back some of the funds. The fact that you were repaying it makes it look as if it is a debt and that you know it's a debt.<br /><br />You mentioned that you have a letter, which I assume is a letter from the aunt who gave you the money. It's not a contract. I wouldn't say there is "no leg to stand on" Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-84067441657940382902018-12-25T23:36:15.320-08:002018-12-25T23:36:15.320-08:00How would this work? My aunt (biological uncles wi...How would this work? My aunt (biological uncles wife) gifted us 13,000$ to purchase our house. I have a letter stating it was a gift and no repayment is necessary. I of course started paying the $ back to her, she then passed away and now my uncle and cousin are coming after me saying I owe them 13k while my aunt said not to worry about the money after she was gone. Do they have a leg to stand onAnonymoushttps://www.blogger.com/profile/11875266437341716761noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-52283369658805693292018-10-24T09:29:57.333-07:002018-10-24T09:29:57.333-07:00If someone who owes me money, and there is proof, ...If someone who owes me money, and there is proof, has passed away and the executor and probable beneficiary is not communicating with me, how can I file a claim for this money owed?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-58765886053868786062018-07-19T19:26:35.758-07:002018-07-19T19:26:35.758-07:00Yes, it is correct. The fact that it came out of a...Yes, it is correct. The fact that it came out of an RRSP doesn't matter; it could have been any source. Check your mother's will to see whether she says anything about the funds in the will; she may have included a statement in which she says she does not want it repaid. Otherwise, your inheritance should be reduced by that amount because the money you received is considered to be an Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-76341246254303892342018-07-19T06:20:01.377-07:002018-07-19T06:20:01.377-07:00While she was alive, my mother gave me cash that s...While she was alive, my mother gave me cash that she withdrew from her RRSP. The money was meant to be a gift, not a loan. I am a beneficiary under the will and now the executor is claiming my allocation will be reduced by the amount of the gifts. The executor claims that in Ontario, withdrawals from an rrsp given to children are presumptively loans, and absent proof to the contrary, owed back toCynthia McDonaldnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-43863757474378361492018-06-05T12:30:57.432-07:002018-06-05T12:30:57.432-07:00Thank you so much.Thank you so much.Anonymoushttps://www.blogger.com/profile/09699374482972602170noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-31641422930607685432018-05-25T10:06:46.208-07:002018-05-25T10:06:46.208-07:00Yes and no. The executor is not responsible for pa...Yes and no. The executor is not responsible for paying any debts of the estate personally. However, the executor IS responsible for collecting debts owing to the estate. If your brother won't repay the estate for what he owes, the executor should consider a lawsuit to recover it. <br /><br />The executor is in a tough position. He or she is not allowed to simply let a debt go without making Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-33109164510101558602018-05-24T16:38:08.947-07:002018-05-24T16:38:08.947-07:00My brother owes more money to my mother's esta...My brother owes more money to my mother's estate than inheritance. If he doesn't pay it is the executor financially responsible for it?Anonymoushttps://www.blogger.com/profile/09699374482972602170noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-2665810890913825102018-03-31T10:33:15.317-07:002018-03-31T10:33:15.317-07:00He will ask the judge to order that you pay his co...He will ask the judge to order that you pay his costs. The general rule is that whoever wins the lawsuit can ask the judge to make the losing side pay. If he wins, you pay. If you win, he pays. That's assuming the judge agrees that the general rule should apply given the specific facts of the case. The judge can always override the usual rule if he or she has a reason for that. <br /><br />Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-73294068122615857232018-03-30T16:53:00.514-07:002018-03-30T16:53:00.514-07:00I was not named or included in any way in my mothe...I was not named or included in any way in my mothers will. I am however a beneficiary of investment funds. The executor wants to pursue me for money my mother lent me in the past. If he litigates, does he have to pay the legal fees or can he charge that to me somehow?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-80383257576521424412017-07-20T12:50:05.569-07:002017-07-20T12:50:05.569-07:00Hi sister and brother are co executors on my mothe...Hi sister and brother are co executors on my mother's estate. Shortly before my mother died my sister found out my mother's bank statements and we found out that my brother had borrowed $30,000.00 from my mother over the course of two years. She then found a ledger my mother had kept detailing the amounts he paid back to her. She deducted $50 from the loan each time he took out the Lisettehttps://www.blogger.com/profile/09970162840271689283noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-16357894259178590712016-11-27T17:53:53.482-08:002016-11-27T17:53:53.482-08:00This comment has been removed by a blog administrator.Anonymoushttps://www.blogger.com/profile/04114832147610223961noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-32399905226170752032016-05-16T15:56:34.278-07:002016-05-16T15:56:34.278-07:00looking for some advice. I am in Ontario. I was ma...looking for some advice. I am in Ontario. I was made Appointed Estate Trustee over my father's estate, as he died without a will. At the time of death(and currently) there is a fairly large outstanding loan owed to the estate. the loan was given to a real estate agent to invest and now that my father has past my siblings want to collect on the outstanding loan. I wanted to know if, in Rebeccahttps://www.blogger.com/profile/12319243835765545194noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48889533767977908242015-10-26T08:46:40.034-07:002015-10-26T08:46:40.034-07:00Was reading the Alberta Wills and Succession Act S...Was reading the Alberta Wills and Succession Act Section 109(1) dealing with Alleged Loans. Is a court order required to subtract loans made to a beneficiary from the residual amount? I identified all amounts on NC7 Schedule 5 is the Debts section. Have not got probate yet.Anonymoushttps://www.blogger.com/profile/16487033712921574836noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-21008553918088107602015-09-17T18:26:44.660-07:002015-09-17T18:26:44.660-07:00Only the estate administrator has the legal right ...Only the estate administrator has the legal right to collect money on behalf of the estate. <br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51687954259077174932015-09-10T07:47:43.773-07:002015-09-10T07:47:43.773-07:00What if the estate has already been administered? ...What if the estate has already been administered? Can the beneficiaries collect on the debt? or is this something only the estate/trustee can doMS90https://www.blogger.com/profile/16642966016277046395noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-14734885806069201792015-09-10T07:47:08.732-07:002015-09-10T07:47:08.732-07:00This comment has been removed by the author.MS90https://www.blogger.com/profile/16642966016277046395noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-11061408689397894982015-07-21T01:56:08.312-07:002015-07-21T01:56:08.312-07:00Your brother should be liable for all significant ...Your brother should be liable for all significant sums of money borrowed, whether those sums were given to him in cash, cashier's cheques, or credit card usage.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-79522496006746482882015-07-21T01:54:48.680-07:002015-07-21T01:54:48.680-07:00In the absence of a written document that says oth...In the absence of a written document that says otherwise, interest usually continues to accrue until the debt is paid. So, it should continue to accrue after your grandfather's death, until his estate is settled and distributed. By the way, I sure hope there is a really, really good reason for this estate still being open six years after your grandfather's death.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.com