tag:blogger.com,1999:blog-436024129575354145.post8400599472786468948..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: What is an executor's year?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger17125tag:blogger.com,1999:blog-436024129575354145.post-55489957510673962902017-10-31T10:02:31.577-07:002017-10-31T10:02:31.577-07:00Hello Lynne,
Can we apply some pressure executor...Hello Lynne, <br /><br />Can we apply some pressure executor to disburse remaining funds? <br /><br />My father died in March 2016, all assets including sale and close of his house occurred by October 27, 2016. <br /><br />My brother and I are the only beneficiaries of the estate. All debts were paid in November 2016.<br /><br />We received payment of about 75% of the estate last December 2016. <Anonymoushttps://www.blogger.com/profile/04638575249942491332noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-71292020102741572492016-11-13T12:28:24.797-08:002016-11-13T12:28:24.797-08:00How long does an executor have to apply for probat...How long does an executor have to apply for probate from time of death?DPY7https://www.blogger.com/profile/05914078803484035883noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51151518330770570342016-03-09T18:20:04.741-08:002016-03-09T18:20:04.741-08:00Hi Kathy,
It's not required by law to request ...Hi Kathy,<br />It's not required by law to request a clearance certificate. Its purpose is to protect an executor who pays out an estate by letting the executor know that all taxes have been paid. This is important because if the executor pays the beneficiaries before paying the tax, he is personally liable for the tax. However, in your case, you're the only person involved. It's you Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-43820331396700015192016-03-09T12:44:54.756-08:002016-03-09T12:44:54.756-08:00Dear Lynne: Great site, thank you.
Question about...Dear Lynne: Great site, thank you.<br />Question about necessity for Clearance Certificate. Widowed Mother passed last May. I am only daughter, sole heir and executrix. House and property and bank accounts in both our names. Only asset to be sold is car(value $9500). I s clearance necessary-- details required are quit onerous--what is potential consequence if not requested.<br />Thank you <Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-27712538569566342122015-11-14T05:55:13.696-08:002015-11-14T05:55:13.696-08:00Hi Tom,
The factors that often lead to an estate t...Hi Tom,<br />The factors that often lead to an estate taking more than a year are the selling of unusual or difficult assets, winding down a business, locating missing beneficiaries or assets, and of course claims against the estate.<br /><br />However, it's not always just about the executor. If the beneficiaries have gone along with the executor's plans to take more than a year - say Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-73352473905442763592015-11-13T20:38:16.837-08:002015-11-13T20:38:16.837-08:00Interesting topic! Conversely, what exceptions may...Interesting topic! Conversely, what exceptions may exist to the executor's year, in favour of an executor who cannot settle the estate in a year?<br /><br />-Tom A.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-16230835192321554852015-07-06T11:50:48.735-07:002015-07-06T11:50:48.735-07:00It starts from the date the probate order was gran...It starts from the date the probate order was granted.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-9691504563391238262015-06-30T17:55:57.201-07:002015-06-30T17:55:57.201-07:00Does the executor year start from the time the pro...Does the executor year start from the time the probate is issued or when the executor receives it?<br />I am asking because my Mother's estate is dealt with by two people who are less than adequate. The probate was sent to the lawyer and the bank, but not actually received by the executors until a month later as they took a month vacation without telling anyone. <br />When does the executorAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-64522145605933386802014-07-16T19:34:45.875-07:002014-07-16T19:34:45.875-07:00Hi Lynne. Thank you for your informative website E...Hi Lynne. Thank you for your informative website Even though my mother's estate has a lawyer, it is helpful for me as a first-time executor to have a place to get answers. Can you tell me if an executor who was managing a business prior to the death of the owner can continue to collect their salary during the winding up? A fellow beneficiary is unhappy with the time it is taking (15 calendar Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-48158249606661059452014-06-04T20:45:27.384-07:002014-06-04T20:45:27.384-07:00I'm so glad to hear that! I really appreciate ...I'm so glad to hear that! I really appreciate the feedback.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-10876467853165616222014-06-02T07:00:29.083-07:002014-06-02T07:00:29.083-07:00Hi Lynne, Just wanted to say a Huge Thank-you for ...Hi Lynne, Just wanted to say a Huge Thank-you for your Alberta Probate Kit..I was trying to take care of my Mom's matter's without a lawyer and the paperwork was overwhelming. Then I found your book and had it done within a week. I received probate w/no mistakes and I am currently wrapping this up...Thanks agan<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-49486382815939195832011-09-13T00:10:58.562-07:002011-09-13T00:10:58.562-07:00Father's sister died without a will, over seve...Father's sister died without a will, over seven years ago. How long must we wait for missing beneficiaries to be found? Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-30536293103489882742011-06-05T15:58:36.142-07:002011-06-05T15:58:36.142-07:00Hi Lynne... My father passed away in Dec 2010. He ...Hi Lynne... My father passed away in Dec 2010. He left behind a substantial estate and I am one of 4 residual beneficiaries. I require funds for my month to month expenses. Is there anything I can do, do I have any rights to ask the court for monthly payments while I wait for the courts to grant probate? <br /><br />Thanks so much, <br /><br />JohnAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-14006487263736611882010-11-22T11:34:55.270-08:002010-11-22T11:34:55.270-08:00Hi Denise,
You are right that you should have hear...Hi Denise,<br />You are right that you should have heard something by now. It looks as if you have never actually asked them if they are the executors. It could be that they made funeral arrangements because they are next of kin, not executors. Has anyone mentioned that your mom had a Will? Did she have anyone acting under a Power of Attorney before she passed away? It could be that everyone Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-41303689944445128662010-11-20T16:48:55.717-08:002010-11-20T16:48:55.717-08:00Hi Lynne...My mother passed away Jan 2010. This i...Hi Lynne...My mother passed away Jan 2010. This is now November 2010 and to this date I have not received anything from my sister and her husband who are executors. I assume they are executors as they looked after funeral arrangements. We have not even seen the will yet. Once the year is up do we start proceedings with a lawyer and do we have to pay these fees or can they be liable for this? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-5129851567981744202010-10-05T16:49:32.490-07:002010-10-05T16:49:32.490-07:00The executor's year begins to run when a perso...The executor's year begins to run when a person passes away, regardless of when the executor applies for probate. Sometimes he or she can't apply for probate right away because there are unusual assets to be valued, or there are other issues going on. This doesn't mean that ALL limitations begin running as of the date of death. For example, in Alberta, a spouse who does not receive Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-31855711161025440902010-10-05T10:46:42.745-07:002010-10-05T10:46:42.745-07:00i am interested in the specifics of whether the ex...i am interested in the specifics of whether the executor's year begins when probate is granted (which could be more than a year after death), or a year from death of the person who wrote the will. in my case of interest, probate was granted about 14 1/2 months after death. <br /><br />and how is interest calcuted? is it through the federal Interest Act, which gives 5%?Anonymousnoreply@blogger.com