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Legal Forms


Below is a list of reliable, inexpensive, estate-related forms that you can find at Law Depot. This is only a small sampling of their selection. Click the following link for documents relating to family law, business, and incorporation: Online Legal Forms


Do-it-yourself Last Will and Testament


Do-it-yourself Personal Directive


Do-it-yourself Power of Attorney


Do-it-yourself Revocation of Power of Attorney


Do-it-yourself Gift Deed


Do-it-yourself Affidavit of Execution

77 comments:

  1. Lynne...so thankful for your blog, i have learned a lot, and in sure needed it..one question..i am poa for my friend, she is in assisted living, cognitive, with a condo to sell..if it sells for over 150 thousand, goes into her account..do i have to probate the will as i am also her executor, and although my name is on her bank account we are not joint..or survivorship...her will gives 5 members of her family a percentage of assests...J from S.A

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    Replies
    1. Whether or not you will have to probate the will is going to depend on what kind of assets she owns, and their value. If the condo hasn't been sold, it is definite that you will need to go through probate.

      If the condo is sold and there is $150,000 in an account, you are still going to have to go through probate because it is a large dollar amount. If she lives for many years and the funds are depleted quite a bit, perhaps you could avoid probate, but that isn't guaranteed.

      Lynne

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    2. Hello Lynne,

      My mother-in-law was hospitalized two weeks ago and was diagnosed with terminal cancer. She remains in the hospital and is unfortunately declining quickly. Last week she made the decision to give me her car. She wants to transfer it over in to my name - a gift for all that I do for her (I am with her everyday at the hospital, all day, taking care of her and advocating for her). We have not yet signed over the vehicle and in the last two days she has gone from coherent to dopey because of pain medication after having kidney tubes inserted into each kidney.

      My question is this, as her Power of Attorney, can my husband sign the paperwork needed to make the transfer of her vehicle?
      - Lani

      Delete
  2. Lynne,
    Regarding notifying beneficiaries and commissioning forms.
    Does the copy of the probate application I send to beneficiaries need to have all forms commissioned first before they get the copy?

    The reason I ask is the that NC 27 which is the Affadavit of Service, is a commissioned form that shows that the probate application has been delivered to beneficiaries.

    So if the beneficiaries get the application with all commissioned forms, so then I send them the NC 19 notice, along with the probate package, then I would have to go back again to get the NC 27 commissioned after attesting that that I have sent them the probate package with commissioned forms.

    So two separate commission sessions: one to commission the probate forms, another to commission the NC27 that the application for probate has been sent to beneficiary?

    Also, if for some reason the probate package is rejected by clerk, do I have to modify package and then re-commission everything all over, including sending a revised probate application package out to beneficiaries again?

    ReplyDelete
    Replies
    1. To answer your first question, yes that is two commissioning sessions.

      To answer your second question, if the clerk asks you to make changes to a document that was commissioned (say the NC2 or its attachments), then yes you would have to re-commission it. If it is sent back to you only because you forgot to include a page or something, then no you would not have to re-commission.

      Lynne

      Delete
  3. What an informative site. My father was in a home with dementia for the last 3 yrs of his life. He and I had not spoken in the 5 yrs previous to that. I had heard from my siblings how badly his dementia was. His brother advised me against visiting him as he apparently had a lot of hostility. He did not know who anyone was upon visits, but I trusted with my uncles advise. Upon his death I helped with payment of flowers and food arrangements after.. At this point my brother called me aside and said he needed to speak with me. At which I told him I was available at anytime. I came to find out that my brother being the sole executor and benefactor after paying for my fathers funeral, split remaining monies amongst my other siblings but not me. I requested a copy of my fathers will through my attorney and found that it read clearly. My brother was to distribute equally amongst all of my fathers 6 children equally. I have not received any money and is doubtfull I ever will. My siblings that did receive the money all kept it hidden from me, as obviously had I been given my share it meant less for them. Is there a time lapse my brother would have to give my portion as my father indicated. I expect this will have to go to court as it has been 9 yrs. My brother (the executor) stated my father told him I was not to receive anything yet he was not of sound mind, did not even know himself or any of his children. He clearly had vascular dementia. Am I entitiled to my part of the estate still at this point. I would be interested to know. Thank You

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  4. Lynne, is there a typical "Beneficiary Release Form" one can use in Canada, or do they differ?
    Thanks DP in Sask

    ReplyDelete
    Replies
    1. Hi DP,
      No there is no typical form for the whole country. This is because each province has its own laws dealing with probate and estates, and they are all different.

      Lynne

      Delete
  5. Dear Lynne,
    Thank you for this site. I am sure most ppl have to go through this only once, so it is all a trifle confusing. I just posted incorrectly I think. I was hoping you cold provide an outside ceiling of the time it will take in Ontario to file and wind up an estate that is intestate, with no creditors and no property other than cash in bank accounts and that can be administered by a relative.
    Thank you. Anon.

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  6. My parents died with out a will. Our family land is now unclaimed in NL. What is the process for my siblings to claim this land? I don't know where to start. Please help!

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    Replies
    1. Hi Brenda,
      Nobody is able to simply claim the land. The first step is that one of you (or more if you wish) must apply to the court to become the administrator of the estate of the parent who died last. It may also be necessary to apply to administer the estate of the parent who died first, but that will depend on the facts.

      When you hire a lawyer to apply to the court for the administration, you will have to complete an inventory that shows the land and its value. At that time, the lawyer will do a title search to verify whose name (mother, father, both) holds the land so that you know you are taking the right steps.

      One thing I've discovered since I moved back to NL a couple of years ago is that families have had a habit of handing down land to the kids without ever registering or changing a title. This is hardly surprising, given the tiny outports many NLers live in. But it's starting to catch up to people now as times modernize. I hope yours is not one of the many parcels of land I've seen that are owned by someone who passed on two or three generations ago!

      Lynne

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  7. Dear Lynne, I was left as sole beneficiary and executor for my best friend who committed suicide. Its been over a year and I am now trying to face my responsibilities that re trusted me with. Years ago he had a child with a woman he lived with and is around ten y/o. The woman married and the child was adopted by the husband. My friend was denied a relationship with the child, and was not mentioned in the will. What should I do? I feel like the child deserves some of his fathers money but how much? Is there a legal formula for this? thank you Mark.

    ReplyDelete
    Replies
    1. Hi Mark,
      Because the child was adopted by someone else, he is no longer considered in law to be the son of your friend. The child has no right to claim anything from the estate, therefore there is no formula. If you wanted to give something to the child, you should probably just inherit it yourself as the will says, and give a gift to the child out of the money after it becomes yours.

      Lynne

      Delete
  8. Hi Lynne,

    Your site is amazing! So much invaluable information.

    So Lynne, I was wondering... I'm making a new will as it's been years since I had my last one done. Since then my executor has passed on and my daughter has paid the debt she owed me. Now, I'm going to do it myself, without a lawyer this time, and follow the last one as a template. Do you have any further suggestions for me?

    Also, should I destroy my old will?

    Best wishes,

    Nadine

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  9. My father passed away 3 years ago and he had 2 cars in his name. I've co-signed for one and have been making the payments for 3 1/2 years and the other was for my daughter and she has been making the payments for 4 years. The bank is now telling us that the wish to settle the estate and their talking about repossessing both vehicles. What can I do?

    ReplyDelete
    Replies
    1. I assume that the cars are still in your father's name. If so, that was a mistake, as you have been making payments on vehicles you don't own.

      If the bank wants to repossess the cars, there must be outstanding debts. If so, then kiss the cars goodbye, as all estate debts must be settled before any beneficiaries get anything. And I'm just assuming that you and your daughter are actually beneficiaries, and not people who tried to beat the system by using vehicles in the name of the deceased.

      Lynne

      Delete
  10. Hi Lynne,

    I am loving your site! I've obtained in minutes, more information from the questions and answers here than all the hours of searching/researching I've done across this vast net/web "info highway".

    Like all others, I too, have a question.

    Our step-father, who made a promise to our mother on her death bed 15 years ago to always honour their Wills has been completely avoiding us. He won't answer our calls nor will he return our messages. He is even avoiding his granddaughter, my daughter, who has been his "little buddy" since her birth, 28 years ago. Our mother worked hard all of her life to get the things that she had. Prior to her passing, she and our step-father had wills prepared. She willed everything to our step-father and at the same time he willed everything to my brother and I as he never had children of his own.

    My question is this, can our step-father change his mind and end up giving all of our mother's belongings to someone else? He still has EVERYTHING. We're talking family heirloom jewellery and antiques; photo albums from when my brother and I were infants; photos of our ancestors; our record albums from when we were teens; our mother's highschool year books, etc. If so, can we fight this?

    I'm kind of scared to find out the answer, but I would rather find out now, then later!

    Thank you for everything, and from everyone, Lynne,

    Laurie

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    Replies
    1. Yes, he can change his mind, and change his will. She left everything to him, and he owns it now. Legally he can do whatever he wants with it.

      Lynne

      Delete
  11. Hi Lynne do you have a email for personal inquiries to you

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    Replies
    1. My email address is estatelawcanada@gmail.com

      Lynne

      Delete
  12. Hi Lynne,
    My question for you is, I have an aunt who passed away and my mother is the Executor and I plus others are beneficiaries, we recently found out that because my dad witnessed the signing of the will, my mom will not be entitled to anything unless she gets a lawyer. What if I take over as beneficiary can that be done so that she can receive her monies that she more than anyone should receive.
    Thanks for your time

    ReplyDelete
    Replies
    1. No, you can't "take over as beneficiary" as that would mean the executor would have to pay part of the estate to someone who isn't a beneficiary, which is illegal.

      Lynne

      Delete
  13. Hi Lynne, Your site has helped me so much over the years. My father passed a few years ago and my sister and I were executors - your blog answer most of our questions and helped us get through that difficult time with little worry.

    Now, we are faced with another issue. My grandmother had recently passed and my deceased father was left on her will as a beneficiary to her estate. Her other surviving son (my uncle) is also listed as a beneficiary. My question is, is my sister and I entitled to my father's portion of the estate? There is nothing stating in my grandmother's will that in the event of my father's death, his children would split his entitlement.

    Thanks again for all of your help and hard work. You've helped so many people through tough times - myself included!

    ReplyDelete
    Replies
    1. I'm glad you're finding the site useful.

      To answer your question, you and your sister are most likely entitled to split your father's share. I say "most likely" because your entitlement can be affected by specific wording in the will.

      I know you said that there is nothing specifically giving your father's share to you, but is there anything specifically excluding you? For example, does the will say that the estate is to be shared between your father and uncle "or the survivor of them"? Something like that in the will would mean that your grandmother did not want the grandkids to inherit. In the absence of something like that, my opinion is that you should be entitled to your father's share of the estate.

      Lynne

      Delete
  14. Hi Lynne:

    I have a question to transfer the land title from tenants in common to joint tenancy in British Columbia.

    On our principal residence, my dad, my brother and I were on title. My dad passed away leaving his share to my mom. I am the executrix and I probated the will in the court.

    Today I submitted the documents for the first transfer, i.e. from the deceased to the executrix of the Estate.

    I understand, once the first transfer is done, I need to do the second transfer from the Executrix of the Estate to the beneficiary.

    In order to avoid probate in the future, we all want the title to be joint tenants.

    Hence, my question is:

    When I do the second transfer; can I put the following information in Form A;

    Transferors: 1/3rd interest

    1) Myself, executrix of the Estate
    2) My brother and
    3) Myself

    Transferees AS JOINT TENANTS:

    1) My mom
    2) My brother and
    3) Myself.

    AS JOINT TENANTS.

    I understand I also need to fill up the yellow form FIN595S for the transfer of my dad's 1/3rd share to my mom, but no tax liability as it is among related persons (Code 40 exemption).

    Please advise.
    Thanks.

    ReplyDelete
  15. Hello Lynn. My question is. My brother is the execitor on my moms will he has not been around for years and doesn't really care moms bank was her trustee I was her legal guardian and poa. For the past 6 years. I have a attorney who has been doing all this but I am stumped they never can get ahold of my brother for anything and we keep going to court to file papers. It's been since July. Now we need to wait they did the passing of the accounts which he never replied. And now that he is execitor I need to wait more for him to reply before they can make the bank the execitor. Can we just not skip this and say he just abandoned his duties and settle without all these court fees. It's just eating up all the money

    ReplyDelete
  16. My question: My husband has Indian status and he has daughter (also has Indian status) that he has named as beneficiary to RRSPs and RRIFs (totaling over $150,000). It is stated in the will that beneficiaries shall pay taxes on inheritances. Does my husband and his daughter's status make the estate and her exempt form paying the taxes on these RRSPs and RRIFs. If not, what do you recommend I do? I am at my wits end and don't know where to turn about how to handle this matter.

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  17. Hi Lynn. I am the executor of my fathers estate. I have a probated will. All of the beneficiaries are my siblings and to date there are no indications that there will be any problems.

    My question is re form ACC 12 which according to the form has to be notarized; form NC 11.

    Does this form have to be filed with the court or is it a Legal requirement only if it becomes a Legal requirement because a beneficiary contests the will and or disputes the execution of the will after the fact?

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    Replies
    1. The ACC12 Release does not have to be filed. Executors may choose to file them, or may choose to hang onto them in their files at home.

      Lynne

      Delete
  18. My Father in law passed away in Sept 2014. He did not have a Will, he has NO assets in his Name what so ever. We now know that he has unpaid income tax bill from 2013 and the 2014 income taxes will be coming into play very soon. while he was in the hospital he told the wife she should take out some money from his bank account in case he did not make it , so she could pay for the funeral. He did not make it and she went to his account and withdrew money and paid the Funeral. Is she responsible for paying all his outstanding debts (income taxes only). He had nothing and he has no will. Can she renounce the Will and can we the kids (3) also renounce the will. We are really not in the means of even coming close to being able to pay off his debts. Help!

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    Replies
    1. How can you "renounce the will" if there is no will? I have to admit, I have no idea what that part of your question is asking.

      But I do understand your question about the debts, so I'll deal with that. No, his wife is not liable for his debts. However, whatever is in his estate should be used to pay the outstanding taxes. If she takes his money for herself, then yes she will have to pay that amount back. Obviously it's not true that your father-in-law "had nothing" since he apparently had a bank account with funds in it. Whatever is still in there should be used to pay the taxes. Also, he is probably eligible for a CPP death benefit, which can also be applied to the taxes.

      Lynne

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    2. Hello i live in ontario and my dad passed away 2yrs ago and did not leave a will but he told me in the hospital 2 days before that he wanted me to sell his house to pay his debts and keep what was left .so after he passed i took care of all of his affairs without being legally appointed executor or administrator and now ive recieved a settlement cheque from his house for $7500 so how do go about cashing it when its made out to his estate .thanx your help is greatly appreciated

      Delete
  19. HI Lynne. My father passed away a year ago leaving his estate to my ageing mother in Alberta Canada. I am one of five siblings / beneficiary's named in her will. the oldest sibling / beneficiary is the executor of her estate. Is it there a way for a beneficiary to obtain disclosure regarding all interactions before and after my Mother's passing. Thanks for your time and attention.

    ReplyDelete
  20. Hi Lynne,
    I have just stumbled on to your wonderful site for the first time and I wish I had before.
    My father in law is on the verge of moving to a long term care facility because of advanced dementia and is jointly named on their primary residence title/deed along with my mother in law. When he moves she will likely sell the house as she will not be able to maintain the property herself. Several people have told her to put the house in her name to avoid sharing the proceeds of the sale. Is this possible/legal? We are conflicted about this, but in fairness they are very low income and she is 62, has no income and is likely facing welfare benefits when the proceeds of the sale run out - total home value between $150-200k. Can you shed any light on the situation?

    ReplyDelete
    Replies
    1. Apparently the several people who gave your mother-in-law legal advice were not lawyers. Since your father-in-law has advanced dementia, he cannot and should not be asked to sign any paperwork dealing with the title to the house. Making him sign paperwork he doesn't understand is fraudulent, and is elder abuse. The house can't be sold with his name on it without his signature.

      Therefore the only way your mother-in-law could sell the house is if your father-in-law has prepared an enduring power of attorney that names her as the attorney. Depending on the quality of the power of attorney document, she may still need court permission to sell the house.

      Since your mother-in-law is 62, she can expect to begin receiving OAS and CPP benefits in 3 years. She should not have to resort to welfare since the proceeds of the sale should not be consumed in that time.

      Lynne

      Delete
  21. I tried to post this but it failed to show.

    My husband was originally from Ontario but left nearly 20 years to work internationally. He had lived in England for a few years before he passed away there but didn't have a British passport and was not a PR. His will was made by a lawyer in Ontario. I am the only beneficiary with no objection from the rest of the family. What my husband left is simple, a bank account in his own name in HK, no debts, loans or unpaid taxes.

    1. Is Ontario or England his last domicile?
    2. Is the Will valid in HK?
    3. If the will is valid in HK, does the will need to be probated in Ontario? or in HK? or even in England if it is his last domicile?
    4. Real estate outside Ontario is free from Estate Administration Tax. Will the cash in HK be charged probate fees(or tax) by the Canadian government?
    4. I am the only estate trustee and beneficiary but I am non-resident, non Canadian. Is an administration bond necessary?
    5. Does being an estate trustee mean being an executor?
    6. Is it common for a lawyer to hold the original will? I have only recently found that I was given a photo copied one.
    7. If the original will cannot be obtained/found what can I do to gain access to the bank account in HK?
    8. How long does it normally take for the court to issue a certificate of appointment of estate trustee? Do I need to collect it in person?

    Thank you

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  22. Hi Lynne my dad died 3 years ago and my sister is the executor of the will and I'm on the will too and we didn't have they insurance it's is ex-girlfriend got they insurance but we get the house still have a mortgage on it. my sister want it to buy the house but they didn't won't to agree on the price they said she have a month to come with a solution and if she don't pay they will take money from here account she panic and signed the house to them et they sold it and make money whit it but she signed but I didn't signed noting my question is can they need my signature too on that paper thank you I lived in New-Brunswick

    ReplyDelete
  23. Hello Lynne,
    Trust you well, my fiancé left me the beneficiary of an insurance, but his daughter the executor of his estate does not want to give me access to her dads ID. I have a copy but its not clear. What can I do? please help

    ReplyDelete
  24. You can get a copy of the death certificate from Vital Statistics or government registry. Is there anyone else in his family that has a copy of I.D., or could get one to share with you?

    If the executor refuses to co-operate with you, your only legal recourse is to force her using the courts. You might remind her that if you are required to waste all of that time and money to get something reasonable from her, not only will she pay her own legal fees but she'll end up paying yours as well.

    Lynne

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  25. You can get a copy of the death certificate from Vital Statistics or government registry. Is there anyone else in his family that has a copy of I.D., or could get one to share with you?

    If the executor refuses to co-operate with you, your only legal recourse is to force her using the courts. You might remind her that if you are required to waste all of that time and money to get something reasonable from her, not only will she pay her own legal fees but she'll end up paying yours as well.

    Lynne

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  26. Hi Lynne,
    Where would I be able to get a sample of what a Release form for Partial Payment to Beneficiaries . I will be paying out a portion of the estate and I can't find a sample for Alberta.

    ReplyDelete
    Replies
    1. The form for Alberta is called ACC 12 and is found in the Surrogate Rules of Court. Here is a link to the rules:http://www.canlii.org/en/ab/laws/regu/alta-reg-130-1995/latest/alta-reg-130-1995.html

      Once you're on the page, scroll down to near the bottom to find the ACC 12 form. Since you are talking about a partial payment, not a final payment, note the blank in paragraph 7. In there, you put "interim" to show that it's not a final payment. Also make sure that at the top of the document and in paragraph 1 you tell the time period covered by the release.

      Lynne

      Delete
  27. Many thanks Lynne for you quick response!! : -)

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  28. Hi Lynne, do final payouts/ financials have to be registered with the courts or could I do this without an accountant or lawyer. My mom's estate is under $20,000. and my siblings seem quite agreeable. Her last tax year doesn't seem too complicated either.

    ReplyDelete
    Replies
    1. No, financials are not registered with the court. However, if the beneficiaries sign off on the financial accounting, the releases they sign may be filed at the court. Whether they are filed is up to the executor. Many people prepare the executor's accounting without the help of a lawyer or accountant, and there is no reason you can't go that route as long as you make your accounting thorough and accurate.

      Lynne

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  29. Will has to go through probate because real estate is involved however most other assets are either joint or registered products with a named beneficiary. Exception are a couple vehicles under the deceased's name. Transfer of ownership to spouse (executor) was allowed to occur without probate. Currently in the process of listing assets to go through probate, can the vehicles be excluded in the list assets?

    ReplyDelete
    Replies
    1. No, you shouldn't exclude them. Why would you? The inventory is supposed to show everything the deceased owned when he died.

      Lynne

      Delete
  30. Hi Lynn my husband has his own business we both built if from the beginning 16 years ago my name is on all the loans for the business but I do not own any shares in the company if he dies will the company turn over to myself looking to protect myself .

    ReplyDelete
    Replies
    1. If your husband has a will leaving the company to you, then it will go to you. It won't happen automatically based on your name being on loans.

      If he dies without a will, his estate will be distributed according to the intestacy laws of your province. This means what you get from his estate is going to depend on several variables including whether you have children, whether any of them are dependents, the size of the estate, etc.

      Lynne

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  31. Hi Lynn
    I was wondering were i would find a Release form for a Partial Payment to Beneficiaries for the province of British Columbia

    ReplyDelete
  32. Hi Lynne,
    My husband and I own a residential property in Ontario. We have moved out of Canada for work and not sure when we will return, though when we retire, we will return to Ontario.
    If we change the title on the house to our 2 adult children who are still in university, what are the implications?
    And can the property be transferred back to us when we return to Canada (say in the next 8 to 10 years).
    How will it impact the children financially from a tax perspective. Can they transfer the property back to their parents.
    Thanks for your guidance.

    ReplyDelete
    Replies
    1. It's possible to transfer the title to your children. If it qualifies as your personal residence, you will not have to pay capital gains tax when you transfer to them. Remember that to be your principal residence, there is more than one requirement. You have to own it, but you also have to live there, or it's available for you to live in. If your kids live there, that should be fine. If you've been renting it out since you left Canada, that might be a problem. If so, please make sure you talk to an accountant, because I'm not one, and they know the tax rules better than I do.

      Remember that when you transfer your title to the kids, you are creating rights for them and extinguishing your own rights. If you want them to transfer it back in the future and they don't want to, you can't force them to. Also, they could sell it, mortgage it, rent it out, or add more people to the title without your permission.

      Also consider how their lives might go in the next 6 to 10 years. It seems likely to me that at least one, if not both of them, will marry during that time. If so, I would imagine that one or both of them will get their own house to live in. If that happens an they still also own this house, they will pay capital gains tax on the transfer back to you.

      This is the point where parents try to get around the rules by giving or selling for a dollar, but that won't help. The law deems the property to have fair market value no matter what remuneration is exchanged.

      I'm glad you're looking into this before proceeding. Just make sure you realize life could be quite different for them in 10 years.

      Lynne

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  33. Hi lynn I need advice. My dad passed on 06 I was 18 my brother20 and my two younger siblings still in highschool. Now my stepmom was very, very shady she took control as executor but I never signed those papers and my brother has no memory of agreeing. I guess what I'm asking is what can be done? Were trying to decide if we should sue her for fraud.

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  34. Hi Lynn, I need advice. In 06 my dad passed away things were a screaming mess no will could be found although my step mom claims he had a secret one. My query is this, my brother and I were legal adults 20 and 18 however when she became executor neither of us signed any papers allowing this. What do I do?

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    Replies
    1. If there was a will that appointed your step-mother, she doesn't need anyone's consent to become executor.

      If there was no will, she would be first in line to apply to become the administrator of the estate, and again, she would not need anyone's agreement to do so.

      I suggest that you start by gathering a bit more information. A good place to start would be the court nearest where your father lived. You can search the probate records there to see whether a will was probated, or whether your step-mother applied for administration. You can get copies of it all at the same time.

      If you find that nothing has been filed at the court, your next move is to ask your step-mother directly for information. In order to produce the best result, I would suggest you make it a request and not an accusation, because so far I don't see anything fraudulent about her actions.

      Lynne

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    2. My name is Manuel Sessarego, I wanted to ask if there is some way to get information about the property owned by a person at the time of his death without heirs.

      I live in Italy and part of my family in South America.

      Years ago we learned of the death of a brother of my grandfather which we had no news since 1930. He died in Toronto in 1971 without heirs. We were contacted by a bank that claimed part of the
      heritage since last time and condividimos with them the money from your checking account and savings.
      We do not know if our guy possessed other mobiles or immobiles goods. I am writing to see if there is a way in Canada to obtain such information.

      Delete
  35. After 5 months of waiting for my lawyers paralegal to do a Grant of Administration (BC) so I can access my deceased common-law partner's bank accounts (he did not have a will) -- and they have done nothing !!! What do I do? His estate was less than $50,000

    ReplyDelete
    Replies
    1. Assuming that you provided everything the lawyer asked for, if the lawyer hasn't done anything in five months, maybe get a new lawyer. I assume you've asked what the delay is all about. If it's just them not getting around to it, get your file back from them and hire someone else.

      Lynne

      Delete
  36. My grandfather died a over a year ago and my brother and I are beneficiaries in the will. We have heard nothing from our Uncle or his lawyer (he is the executor) regarding the estate or will. Can I ask the court for a copy?? it was granted probate Nov. 2015. We are not on good terms with my Uncle and i just find all of this suspicious and weird.

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    1. Well, "suspicious and weird" actually describes a lot of estates, unfortunately. But yes, you can get a copy if probate was filed. You don't have to involve a judge or anything like that. Just go to the courthouse in the province in which your grandfather lived, and do a search of the probate records. If probate has been filed, get a copy of everything they have. This will get you a copy of the will, and an inventory of everything in the estate. It will also let you know if anything else has happened such as claims or lawsuits against the estate. Check the "interesting links" tab on this blog because I have published links to probate searches in most places in Canada.

      Lynne

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  37. My mother died 2 months ago. My sister is in charge of the will but has asked for something my mother gave me two years ago. I am advised that she may delay the process of completing probate and hold funds until I give her what she wants. How do I apply to see a copy of the will and an accounting of the will.

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    1. If you are a beneficiary under the will, then you are entitled to see a copy of it. I take it you've asked your sister for a copy and she refused. Most of the time, the executor includes the copy of the will at the time she sends the beneficiaries notice of their interest in the estate, which is usually around the time the application is made for probate. It is still very early days yet in your case. You can try a search at the court to see whether she has in fact applied for probate already, and if so you can get a copy that way.

      If she refuses to give you a copy, you can ask a lawyer to make a formal request in writing for a copy. If that doesn't work, then the only thing left to do is ask the court to compel her to give you a copy. I seriously hope you two can get a bit further than two months in before needing court assistance.

      As for getting an accounting, there just isn't going to be one this early on. She hasn't even got the probate done yet so there is no way she'll have prepared an accounting. No executor would at this early stage.

      If you two can't get along any better than this, I suggest you go to mediation to work out your issue(s) otherwise you are both going to go broke suing each other over this estate.

      Lynne

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  38. I have been with my husband since he first purchased his house I moved in after 8 months and shared in the bills and married 3 years later we have now been married for 8 years my name is still not on the deed of the house or the mortgage he has a will from when we were just dating saying the house goes to his sister he believes because I am his wife it will automatically go to me in the event he passes away I disagree he won't change anything because he says it will cost a thousand dollars or more to change all these things any help on what the actual truth is would be greatly appreciated and we are in Ontario.

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  39. Hi Lynne, Is it possible to add a Pay on Death or Transfer on Death designation to an investment account, so as to avoid probate? Thanks.

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    1. Yes, if it's a registered account such as an RRSP or RRIF. Otherwise, no. Another option is to hold your non-registered account jointly with someone so that the account goes to him or her by right of survivorship (but PLEASE think that idea through very carefully before doing that because making someone a joint owner gives them legal access to your money).

      Lynne

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  40. i had my spouse pass away july 12 2016 and he worked at the same job since May of 1990. now that he passed his dad passed away 15 days after him and his life ins. was placed under his dads name. now just wondering who gets this money my husbands stepmom or my 2 kids or me....

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    1. When you say his life insurance was placed under his dad's name, I understand this to mean that he named his dad as his beneficiary. Since his father outlived him, the insurance should be paid to the dad. Since the dad has also passed, the money will actually go to his estate to be distributed as part of his assets.

      If your spouse left a will, check first to see whether it said anything about changing the life insurance policy designation (most don't say anything about it, but it's always good to check).

      Lynne

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  41. Good Afternoon Lynne,
    Great page with a lot of even better advise.
    My wife and I are receiving the primary home from her father in Mississauga, he is retiring and will not be able to keep on paying his mortgage. We sold our primary home in Barrie on Aug 31, we were heavily penalized by the bank ($8500), but have the option to port it over and get the money back, but it has to happen in 90 days. We have signed transfer paperwork at the Lawyer, before father left the country for few months. The lawyer is holding the paperwork till the mortgage is finalized. When trying to secure a new mortgage (refinance) we were told by the bank that we need Buy And Sell Agreement. We were told we cannot do an Assumption agreement as two different bank institutions are involved. My wife and I are trying to avoid paying for additional lawyer, and are going to be pressed for time, less than three weeks to finalize everything after the father comes back. I would like our layer prepare the agreement of sale for both parties, is there specific terminology to be used. I was told after some research that estate lawyer can represent both related parties and can prepare this. I'm still assuming that my wife's father would have to be present to sigh the paperwork in Lawyer's presence. Is there another option for us to send the paperwork abroad and have it signed by him than mailed back to us? or other options.
    Thanks

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  42. Hello Lynne,

    I have tried emailing you through your website, however was unable to get the form to go through. I was wondering which steps would be taken to gain guardianship of an elderly parent with dementia? She does not have a POA in place. We would like to make some changes in her care, but am having problems as we do not have guardianship over her. Thank you

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    1. Hi there. I tested the form on the webpage and it seems to work so I'm not sure what happened there. Sorry for the inconvenience!

      You are correct that if you want to make decisions about a parent's care, you will have problems if you haven't been appointed by that parent under a health care directive or a POA for personal care (name varies depending on where you live).

      You will have to apply to the court to be appointed as the guardian and/or trustee for your parent. The process is very different across the country. If you're in Newfoundland, you can call my office at 221-5511 and we can do that application for you. If you live in any other province or territory, I'd suggest that you pick up a copy of my book called "Protect Your Elderly Parents" which has the forms for all provinces, as well as information about court fees, keeping records, renewing your order, etc.

      Lynne

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  43. Dear Lynne
    My husband and I own a home in Toronto jointly. we have been living overseas for the past 10+ years and the house has been rented out. We pay property tax and income tax as required. We have 1 son. My question is:
    If we sell the home in the next year, are we liable for capital gains tax?
    If we pass on and leave it to our son, what kind of tax would he have to pay, if any?
    I guess we are trying to determine if it is worth keeping or selling at this point? The house has appreciated quite a bit since we bought it hence our concern...
    Any insight appreciated.
    Thanks
    Shirin

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  44. Dear Lynne,

    I am trying to find out if credit card companies can go after a home after the owner of the debt has passed away. The amount of credit card debt is less then $50k spread out over 4 different companies. There is no estate other then the home that was is the deceased name. There is no will and the the spouse will be going to the courts to be appointed trustee.
    Any help is appreciated as we keep getting conflicting information.
    Thank you
    Annie

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    1. Hi Annie,
      Yes, credit card companies can take steps to recoup the losses. The debt is not extinguished when the credit card owner dies. However, the answer is not really that simple. It will depend on a number of facts, including which province the estate is in, and whether the spouses were legally married or common law. As a general rule, a living spouse is not liable for the debts of the deceased spouse (unless they were joint credit cards) but the house was only in the deceased's name. In some provinces, there is a right by the surviving spouse to own the house and in many others there is not. So I don't really have enough information to give you a full answer. This might be why you're getting conflicting information - because a full answer requires all the facts.

      Lynne

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  45. I purchased a condo from an estate, renting it out until probate is completed, can I start doing renos before title is transferred into my Name?

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    1. Marie, the answer to that most likely lies in the purchase agreement that you signed. I would consider it to be risky. In any probate matter, there can be challenges from unexpected people or situations. In case of a lawsuit, the probate might not be issued for years. If it got caught up in a lawsuit, I assume that you would want to back out of the deal rather than wait for months or years to get title. If you've begun the renos but then find out that the deal cannot close, there will have to be some sort of financial adjustment made or you'll end up losing money.

      Lynne

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  46. Great sign, Lynne. Tons of great information.

    Our mother passed away almost 2 months ago. We (her 2 sons) are co-executors (actually co-liquidators, as she lived in Quebec), and the only 2 heirs, in equal portions. The only asset she had was a bank account with less than $5K. There are some cheques, such as QPP, insurance refund, and a tax refund, that will have to be deposited into an estate account. Problem is, we both live in the US, over 1500 miles away. I am planning on being there in about 2 months for a wedding, and plan to open an estate account at that time, in person. But my brother would not be there. In your experience, would most banks allow this with a notarized statement from him authorizing me to do so without him present? Thanks in advance...

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