tag:blogger.com,1999:blog-436024129575354145.post1075522794917233363..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: How long is an estate supposed to take?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger34125tag:blogger.com,1999:blog-436024129575354145.post-16700856104428971622020-11-26T19:49:04.396-08:002020-11-26T19:49:04.396-08:00October 30th, 2020. You must go to the court findi...October 30th, 2020. You must go to the court finding out what exactly went on. The Judge who issued. If you are in the will and this person has left you out he will have defend against why he did. Work on it quick time is a essence.geographical profile henryhttps://www.blogger.com/profile/01121717478823868405noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-38092681992012988842020-10-30T13:02:25.235-07:002020-10-30T13:02:25.235-07:00The executor of my mothers estate has waited for 1...The executor of my mothers estate has waited for 10 months before applying for a certificate of appointment of estate trustee after the bank refused to release the funds.He has since received the certicate from the courts a month ago and I have still not received my inheritance(cash).Mother passed away August 2019.How long should I wait or what can I do? We do not have a good relationship.Is thisAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-86989838379172178492020-10-25T12:20:21.550-07:002020-10-25T12:20:21.550-07:00You're the alternate executor, so you cannot a...You're the alternate executor, so you cannot apply for probate while the first-named executor is willing and able to do it. From what you've said, the executor has taken the will to the lawyer and is proceeding with the estate. You can ask him or her if they would like to step down, and if so, you could simply step in and take over. Otherwise, you can't do anything without the help ofLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48972083225317412312020-10-24T13:26:57.178-07:002020-10-24T13:26:57.178-07:00I want to find out that my father died in March 20...I want to find out that my father died in March 2020 with handwritten will and with remarks or deletion without initials but there are two witness but one witness is beneficiary as donation and I am only family for my father, my father family one has executor and second is me if the relative dies or unwilingness, then I can be executor. The executor and their lawyer making stories and nothing Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-90941420991538323002020-09-28T04:40:19.535-07:002020-09-28T04:40:19.535-07:00My mom was in a home several years with Dementia b...My mom was in a home several years with Dementia before my dad did up his will, the executor states everything was left to mom automatically, if this is so why did the executor have to waste time getting his will probated? I am a beneficiary in the will but after 2 years I have not recieved anything from the lawyer or executor, no statements from anything. She has a vested interested in my dads Anonymoushttps://www.blogger.com/profile/13770104882343727297noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-41670376433395484472020-09-19T13:39:06.555-07:002020-09-19T13:39:06.555-07:00Hi McLean,
It would be extremely unusual for an es...Hi McLean,<br />It would be extremely unusual for an estate to be settled share by share. If there is an issue of some kind (tax, sale of property, legal dispute, etc) then it affects all 5 of you equally. It would be impossible to know what one is entitled to receive without knowing what all are entitled to receive, and that means all issues have to be dealt with first. I have to say, though, Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-64522741447091267112020-09-18T07:22:32.641-07:002020-09-18T07:22:32.641-07:00Hi! Thanks for your blog post.
Question. My sis...Hi! Thanks for your blog post. <br /><br />Question. My sister and I are only entitled to a portion of shares (split between 5 people) for my grandmas estate. Does the whole estate need to be settled at the same time? Or could just the share portion be settled. It’s been 6 yrs since she died. There are 2 executor one is a lawyer. <br /><br />Thanks for your time! McLeanhttps://www.blogger.com/profile/08172817351599674255noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-42713367236789168122020-08-30T05:41:33.408-07:002020-08-30T05:41:33.408-07:00If I want furniture from my dads estate do i need ...If I want furniture from my dads estate do i need to purchase it from the other beneficiaries? Please explain how that worksAnonymoushttps://www.blogger.com/profile/05386054149828452027noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-22811612775178431122020-08-29T20:57:17.550-07:002020-08-29T20:57:17.550-07:00My father died jan 2018 . He had no will. Everythi...My father died jan 2018 . He had no will. Everything went to my mother. My mother died july 2018. She wrapped up all debts and the house was paid for. She knew her time was limited. The will simply stated everything split 50 50 between my brother and I. My brother did not list their home til August 2019. It sold September 2019. He told me all he had to do was the taxes. It is now almost baileywickedhttps://www.blogger.com/profile/05935045389032777653noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35267385483780689422020-08-19T05:21:41.656-07:002020-08-19T05:21:41.656-07:00Perhaps your uncle hasn't told you you're ...Perhaps your uncle hasn't told you you're a beneficiary because you are not one. That's a possibility, though I hope it's not the case. Verbal promises to by your aunt you to leave you something are not binding.<br /><br />The other possibility is that he is still getting organized. It has been less than a month since your aunt passed away. It takes a while to see a lawyer, Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-72661606894467905812020-08-17T21:46:17.948-07:002020-08-17T21:46:17.948-07:00My aunt passed away on July 19, 2020 in BC. She ha...My aunt passed away on July 19, 2020 in BC. She had sold her property, cashed her assets and was living in an extended care home. Since she was 97 already I would hope that the executors (for the last five years she appointed her brother, my uncle) would have already had a good wrap up of her assets. When she passed she had already been determined incompetent for at least a year, I think my uncleAnonymoushttps://www.blogger.com/profile/18079803501355153374noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-2710805970683345102020-07-12T11:40:43.151-07:002020-07-12T11:40:43.151-07:00It's been more than a year since my mother die...It's been more than a year since my mother died. My brother is executor. Her will and estate are simple, we are the only two beneficiaries, she had no debts and owned her house fully. My brother notified me 5 months after the death he'd cleared the house, which surprised me because he gave me the option of purchasing mom's possessions a month after her death in which case I had 48 anonhttps://www.blogger.com/profile/08155342434239450879noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27361678624545835272020-05-12T20:38:08.581-07:002020-05-12T20:38:08.581-07:00Hi Marco,
When you say you are the only two benefi...Hi Marco,<br />When you say you are the only two beneficiaries, I'm going to assume you are talking about a situation in which you and your brother are sharing the estate equally (as opposed to you get a set sum and he gets "the rest"). If I'm correct then yes, you are entitled to see where the money went.<br /><br />Four years is a long time for an estate to wind up. Sometimes Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35751175872259845902020-05-09T18:38:39.810-07:002020-05-09T18:38:39.810-07:00Hi, I have a copy of the will, My brother is the e...Hi, I have a copy of the will, My brother is the executor. My Dad died March 2016. It is now May 2020 and it's still not all finalized. I have received some of the money but it doesn't seem to add up. My brother and I were the only two beneficiaries, do I have any right to see where all the money went? My Dad may have had some debts but I find it hard to believe he had that much debt.Marco Kellernoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-9071219098266398192020-03-23T17:31:24.306-07:002020-03-23T17:31:24.306-07:00This doesn't sound good, to be honest. If the ...This doesn't sound good, to be honest. If the lawyer has filed the probate application, the record would show up, regardless of whether the grant of probate had issued yet. I suspect the lawyer still did not file it. It's possible the court made an error, but that seems less likely to me. <br /><br />Why not call the lawyer and advise of your telephone call to the court. Demand to know Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-90595520067931464632020-03-23T08:52:17.721-07:002020-03-23T08:52:17.721-07:00My father passed away in January 2019 my siblings ...My father passed away in January 2019 my siblings and I went to a lawyer to file papers for probate the lawyer forgot to file them so we had to go back in September to re do the paperwork called the court March 23, 2020 and there is no record on file for my dad's estate what do I doAnonymoushttps://www.blogger.com/profile/05258443842350982582noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-8155524217937046782020-02-18T06:06:45.917-08:002020-02-18T06:06:45.917-08:00So your aunt is the executor and she is saying tha...So your aunt is the executor and she is saying that nobody is contacting her? Who exactly does she think is going to contact her? She's the one in charge! She has to be the most clueless executor I've heard about in a long time.<br /><br />Unfortunately, your aunt is the one who is supposed to find the will and give copies to the people who are entitled to see it. Good luck.<br /><br />Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-41890697748277050542020-02-18T06:02:12.442-08:002020-02-18T06:02:12.442-08:00Hi Lawson,
No, the pace of the estate you're i...Hi Lawson,<br />No, the pace of the estate you're involved with is not normal. The courts in different places work at different speeds depending on workload, staffing, etc. but I know of no jurisdiction that takes 7 months to turn around a normal probate application. Here where I work, we get our probate orders back within 2 weeks. However, if there is an issue with the will or someone Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-79279839493359084892020-02-17T14:16:30.968-08:002020-02-17T14:16:30.968-08:00I'm curious aswell. I'm in BC Canada. I...I'm curious aswell. I'm in BC Canada. I'm one of 3 beneficiaries. He passed away December 2016 and I'm still yet to see a penny. The lawyer advised me September 2017 would be the distribution date. Been over 3 years now. The lawyer said he filed probate and should recieve grant for probate in 3 weeks. He emailed me 7months later saying he just got probate. Is this really how long Lawsonhttps://www.blogger.com/profile/10337419623618461917noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-26061238551274242112020-02-16T21:15:05.728-08:002020-02-16T21:15:05.728-08:00Hi Angela,
If an executor is taking too long to ad...Hi Angela,<br />If an executor is taking too long to administer an estate, then yes a beneficiary has the right to enlist the assistance of the court to keep the executor on track.<br /><br />However, to be honest, I don't find a year into an estate to be exceptionally long, especially since we are no in the middle of winter and few properties sell in the winter. It can take a long time to Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-19466194464656683382020-02-15T17:53:05.761-08:002020-02-15T17:53:05.761-08:00My mother passed away Feb 3, 2019. My brother is ...My mother passed away Feb 3, 2019. My brother is an executor. We are estranged. I am an equal beneficiary. He has moved his sister in law into the family home rent free to keep the insurance down. The estate has gone through probate but he has not listed the property yet. He has not responded to any of my emails. Can I force the sale of<br />The property ? He is a wealthy man and is in noAngelahttps://www.blogger.com/profile/17559077583479397930noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-56836267518436689242020-01-18T00:00:46.964-08:002020-01-18T00:00:46.964-08:00My grandfather passed away in April 2019 and it...My grandfather passed away in April 2019 and it's now Jan 2020 to my knowledge my Aunt Sister and Myself are the beneficiaries but my aunt is in charge of everything. She has not voiced anything to me and my sister other than "no ones contacting her and she's contacting a lawyer to see what's up" so my question is how do I go about finding out if I'm able to view his Anonymoushttps://www.blogger.com/profile/14926068632091154432noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-30637823652461595522019-12-24T09:25:41.508-08:002019-12-24T09:25:41.508-08:00Your information is contradictory. You said there ...Your information is contradictory. You said there was no will, but your father et al are the beneficiaries of the will. I'll assume your relatives are beneficiaries on intestacy.<br /><br />Another important question in my mind is in which country your uncle (the deceased one) lived and in which country your other uncle (the living one) lives. The question of residency matters because it Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-50053423877293508712019-12-22T22:31:26.280-08:002019-12-22T22:31:26.280-08:00My uncle passed away April of 2017. My father and ...My uncle passed away April of 2017. My father and two brothers and one sister are beneficiaries of the will. All of which live outside the county of Canada. My uncle has been signed off as executive. My uncle did not have a will. He has a bit of money in USA accounts plus a large amount in gold blocks etc. My uncle is dragging and not informing the brothers of amounts plus timeline. It seems likeAnonymoushttps://www.blogger.com/profile/07212534528855921199noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-78852256022845681362019-10-30T05:17:34.945-07:002019-10-30T05:17:34.945-07:00I agree that this does seem like a very long time ...I agree that this does seem like a very long time to wait. Canada Revenue Agency does take a long time to issue those tax clearance certificates. You can count on 6 months or more from the time the executor requests it from CRA. I guess the question that would be most informative for you to ask the executor (or his solicitor) is when the application was made. That way, you're not counting Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.com