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Having one sibling be the executor is undoubtedly a bad move. In fact in a book on this topic called "Beyond the Grave" it's singled out as something not to do, along with jointly deeding property to the testator and one of the siblings for convenient access to the property. Sadly, both of those were done in this case.
At present though, I was hoping to tease out of the posting population information as to what step of the process was most likely to incur a family dispute, as ideally I'd like to move the estate process forward without incurring a family breakup. At this point, I can't tell what will happen.
I'm leaning towards proceeding with having the lawyer write a letter and framing this action in the spirit of us helping the executor deal with the executor job. Time will tell whether that works or not.
My first question is whether your sister is living at, or using, the property. If that's the case, it is in her best interests to delay. If she was on title on the property, and the property was set up such that it goes to the survivor, again that's a problem. Do you know the conditions attached to the property in the event of the death of one of the owners? Does the property go to probate or to the survivor?
You need a copy of the Will. Was it written with a lawyer, or was it a holographic Will? My mom left a holographic Will and we were very concerned that we would run into problems with probate, but it went through within a few weeks (less than 2 months).
If a lawyer was involved in writing the Will, that would be the first person to contact - in my non-legal opinion. There are a number of basic steps that need to be completed including filing taxes for the deceased, paying bills on property that is now vacant, accessing bank accounts for that purpose, ensuring that everything is listed in the name of "The Estate of _____ ".
My siblings and I still have a joint interest in estate property 5 years after the death of parents. No one is in any hurry to sell it, so we simply keep it, however we left money in the estate to pay the upkeep of the property.
I think estate law might vary somewhat between provinces. May I ask which province this involves?
The property was sold in 2021, and so there is no issue of one person living in property that is part of the estate. The issue for me is that only about 40% of the sale proceeds have been distributed.
I have a copy of the will, which was drafted by a lawyer, and lists all three siblings inheriting equally.
Basic issues at this point are: (a) extreme slowless in handling the estate matters; (b) lack of sufficient disclosure of the accounts in the estate, and the contents of the accounts; (c) no schedule or end in sight to procedural matters that go on for months. (the estate period began in sept. 2019, and it's not that complicated).
The property was sold in 2021, and so there is no issue of one person living in property that is part of the estate. The issue for me is that only about 40% of the sale proceeds have been distributed.
I have a copy of the will, which was drafted by a lawyer, and lists all three siblings inheriting equally.
Basic issues at this point are: (a) extreme slowless in handling the estate matters; (b) lack of sufficient disclosure of the accounts in the estate, and the contents of the accounts; (c) no schedule or end in sight to procedural matters that go on for months. (the estate period began in sept. 2019, and it's not that complicated).
If I were in your situation, I would email the other beneficiaries and suggest three time options during one week to have a conference call. The purpose of the call is to get an update on estate finances, taxes related to the estate, and schedule for final distribution of estate proceeds. If that fails, disclose that you feel you have no alternative but to hire a lawyer to pursue the answers to those questions.
If it comes to it, I would hire a lawyer to request full financial disclosure regarding the proceeds of the estate, and a schedule for when the proceeds of the estate will be distributed. The longer it takes to split the money equally, the greater the chance there's no money left to split. Be specific regarding the scope of the task for the lawyer. That is, do not leave it with the lawyer to pursue the money. You just need information at this time. That's basically one letter from a lawyer and it should not be that expensive.
One complicating factor could be related to filing death taxes. We had to estimate the value of the property at time of death. I think we under-estimated the value, so we may have to pay taxes on the difference between the value we set at the time of death, and the actual sale value (haven't sold it yet). That comes out of the estate.
I hope that helps. My 3 siblings and I have conference calls for updates on the estate - so far, it works.
Sorry OP but there is no estate left because she either spent it all or was not truthful saying your mother made stuff POD paid on death or TOD transfer on death to her, rightfully she now owns it. It doesn't take 3 years to finish it up. She's been stalling hoping you two go away.
Either you will be able to have a relationship with her after this or you will not. I personally would not. Obviously she's most likely a liar who did you two very wrong.
Google her country and province the same as I did before. Chances are her estate is small, no probate.
See the bottom link. You should have already been notified of probate according to what I'm seeing since you're a beneficiary. That link should answer all of your questions. It covers a lot of topics, she should have been bonded to assure she won't skip town with the estate.
If you are not the estate trustee, but have an interest in the estate
If you have a financial interest in the estate, you can ask the court to notify you when someone starts any proceedings involving the estate by filing Form 74P with the court.
I can't offer a ton of insight, since the estates I would have any remote involvement with are small. But this raises a few flags:
"More than anything else, the executor has stalled, ghosted the beneficiaries, and ignored various matters (like a risk of escheatment of various of the testator's financial accounts). She has never indicated that she believes the estate belongs to her. She is just not according the estate any significant urgency or attention."
The basic guideline that I am familiar with, concerning small estates, is that everything gets wound up within about a year. So take that into consideration. If this is dragging on longer, well... maybe time to seek legal advice rather than surfing the internet, because we don't know the rules for your jurisdiction.
I can't offer a ton of insight, since the estates I would have any remote involvement with are small. But this raises a few flags:
"More than anything else, the executor has stalled, ghosted the beneficiaries, and ignored various matters (like a risk of escheatment of various of the testator's financial accounts). She has never indicated that she believes the estate belongs to her. She is just not according the estate any significant urgency or attention."
The basic guideline that I am familiar with, concerning small estates, is that everything gets wound up within about a year. So take that into consideration. If this is dragging on longer, well... maybe time to seek legal advice rather than surfing the internet, because we don't know the rules for your jurisdiction.
According to my link above, OP can file with the court form 74P which will answer if probate has even started. As a beneficiary, he should have been notified a long time ago. It's now 3 years later... It's gone IMO
OP should file the form to see if that answers their question. If not, then pay an attorney, but the attorney should be paid by the OP and other siblings who are also waiting.
Maybe she is blowing the estate off? Is that really possible? If so, she needs to be removed as trustee/executor with the OP or one of the siblings filing for executor with the court there. IIRC the second link I posted discussed that. The info there covered all steps.
I'm sure a judge would quickly agree the sister is not able to full fill the role of executor.
*I just noticed the thread is in the Canada section. Anyone know if it's been moved? Could have sworn it was in the retirement section lol
Roselvr: In Canada, criminal law falls under federal jurisdiction and civil law falls under provincial jurisdiction. Ontario is just 1 of 10 provinces in Canada. Requirements vary by province. The OP has not stated in which province probate will be filed.
I wanted to avoid discussion of the details of estate law for several reasons. The estate locale is in Canada, and I know this is not the place to get input on Canadian law.
Also, I've already extensively explored the legal issues, and the concern I'm posting about is the risk of family estrangement rather than concern about the legal outcome. The thread title emphasizes that, but some of the questions may have strayed onto other issues.
More than anything else, the executor has stalled, ghosted the beneficiaries, and ignored various matters (like a risk of escheatment of various of the testator's financial accounts). She has never indicated that she believes the estate belongs to her. She is just not according the estate any significant urgency or attention.
So, again, family estrangement, not legal or financial outcomes, is the topic I hope to explore in this thread.
Well this thread is in the Canada forum now so it IS the place to give and get input on Canadian law.
Voyager39, your sister has already estranged herself from you and your brother and washed her hands of both of you. After letting things slide for so long since your mother's death that should have been obvious to both you and your brother at least 18 months ago that your sister has left both of you to go hang yourselves.
What's the matter, are you both afraid of her? No matter what your sister's reasons are for estranging herself from her siblings, you need to be more concerned now about any legal and financial considerations owed to you and your brother in accordance with your mother's Will. Forget about a "risk" of estrangement, the estrangement has already been a done deal since at least 2 years ago.
I'm scanning quickly, sounds like the condo was transferred to his sisters name. Sounds like legally they are screwed. He hasn't logged in since posting his last reply in the first 40 posts.
Quote:
Originally Posted by Zoisite
Well this thread is in the Canada forum now so it IS the place to give and get input on Canadian law.
Voyager39, your sister has already estranged herself from you and your brother and washed her hands of both of you. After letting things slide for so long since your mother's death that should have been obvious to both you and your brother at least 18 months ago that your sister has left both of you to go hang yourselves.
What's the matter, are you both afraid of her? No matter what your sister's reasons are for estranging herself from her siblings, you need to be more concerned now about any legal and financial considerations owed to you and your brother in accordance with your mother's Will. Forget about a "risk" of estrangement, the estrangement has already been a done deal since at least 2 years ago.
You need to go see a lawyer.
.
I totally agree, the sister is already long ago estranged.
The OP needs to get on with getting themselves the info they need to decide what to do next.
He can first file that form I linked to, then see about an attorney. He doesn't know when the estate was settled and if she screwed them over with TOD/POD being legally given everything by their mother.
I would have seen google a long time ago such as right before mom passed so I knew what to expect and when because I don't trust anyone as far as I could throw them lol
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