Estate Executor: Duties and Liabilities

What is an Executor?

An estate executor – or, in Ontario, an estate trustee — is the person or party named in the last Will and testament of the deceased and who has the primary responsibility for the administration of the deceased’s estate.

The executor’s role is to act as the alter ego of the deceased; his or her fundamental job is to wind up the affairs of the deceased and distribute the estate to entitled beneficiaries. The duties of the executor can be onerous, and one should give consideration to the demands of time and effort before agreeing to undertake the responsibilities that come with this role.

Who Should Be Your Executor?

There are several things to take into account when pondering the question of whom you should choose as executor:

Your executor should be someone you consider trustworthy. He or she should know and be in agreement with your wishes regarding bequests to your heirs.

He or she should be capable of performing the duties required as estate executor. If your estate is complex you may consider a professional executor - a trust company, chartered accountant or legal advisor.

If you anticipate controversy or conflict among beneficiaries you may choose someone other than a family member (or beneficiary) to ensure impartiality.

Your executor should of course be someone likely to outlive you.

Your executor should be someone who is a nearby resident so that duties may be performed without undue inconvenience and delay.

One named in a Will as executor is under no obligation to serve. Make sure you have discussed your wishes with your executor beforehand; that he or she understands the duties required of them and is comfortable with the performance of those duties.

Ensure he or she knows your wishes regarding burial arrangements.

Appoint an alternate executor in case the primary named executor is unable or unwilling to perform those duties at the time of your death.

Estate Executor’s Compensation

Although family members and close friends may perform the services of an executor or estate trustee without compensation, the courts have traditionally allowed such persons as well as trust companies to charge for their services. In fact, most trust companies that agree to act as an executor or estate trustee request that the testator execute a fee agreement and incorporate the agreement by reference into the Will.

The courts in estate matters have developed a scale of charges so that executors can determine with some precision the amount of compensation they are likely to receive. This scale, based on the value of property in the estate, has been in use since 1975.

It allows the executor a fee of:

2.5% on capital receipts (i.e. where an executor gathers in capital assets of the estate, such as real property, the compensation on a $100,000 property would be $2,500.)

2.5% on capital disbursements (i.e. where the executor distributes capital property to beneficiaries; the compensation on the transfer of a $100,000 property would be $2,500.)

2.5% on revenue receipts (i.e. where the executor receives income, such as bank interest)

Where the estate is not distributed immediately, an annual care and management fee of 2/5 of 1% on the gross value of the estate (i.e. where the gross value of the estate is $100,000, the annual compensation would be $400).

This guideline is generally followed but courts will establish what a fair and reasonable figure is by looking at the following five factors:

1) the size of the estate,
2) the actual care and responsibility involved,
3) the time occupied in performing the duties,
4) the skill and ability shown; and
5) the success resulting from the administration.

Duties of an Estate Executor

The Executor is the person specifically appointed to administer the Will and to ensure your final wishes are respected. It is someone you consider trustworthy and responsible and of a similar mind with respect to the disposition of your estate. It can be a spouse, often a close friend or family member, however if the estate is complicated it may be a professional - a Lawyer, Chartered Accountant or Corporate Trustee.

Following is a list of the various duties of an estate executor. Not all estates need each of these steps in their administration, however this list gives a good indication of the nature of an executor’s responsibilities and the time, efforts and personal attributes required of an estate executor.

A note about funeral arrangements….

It is the duty of executor to ensure that funeral arrangements are followed according to the instructions in the Will but since the Will might not be read until after the funeral, it is important that these wishes be communicated to the executor, and to surviving family members, beforehand. These could include such matters as organ donation, place of burial, service preferences, disposition of remains, etc.

Upon the death of the testator, the executor will:…

1) Locate the last Will and testament of the deceased.

2) If necessary, make appropriate funeral arrangements. While this is a duty usually attended to by the immediate family, the executor should be aware of and be responsible for ensuring that particular instructions of the deceased regarding funeral, disposition of remains, organ donation etc. are followed.

3) Consult with a lawyer. This may be the lawyer who drew up the Will; otherwise it may be necessary for the executor to retain a lawyer.

4) Communicate with all persons (including charities and institutions) that are entitled to share in the proceeds of the estate. This includes notice of the estate trustee’s application for a certificate of appointment as estate trustee.

Discovery of estate assets and liabilities

1) Take steps to ensure continuance of operations of any ongoing business affairs of the deceased, arranging for interim management if necessary.

2) Prepare a detailed inventory of the deceased’s assets and liabilities, including cash, securities, jewelry, real estate and other valuables such as contents of safety deposit boxes.

3) Notify all relevant financial institutions about the death and obtain statements about cash balances on deposit and loans outstanding.

4) Locate all insurance policies and notify insurers about the death.

5) Apply for Canada Pension Plan benefits.

6) Review insurance coverage on real estate, automobiles and other estate assets. Increase insurance where necessary.

7) Have the estate lawyer search the title to all real estate in which the deceased had an interest.

Determine whether to make a contribution to the deceased’s RRSP within 60 days of the year of death. This matter may require advise from a tax consultant

9) Determine the value of any additional real estate, such as cottage property, farm, commercial, or investment property. Check leases, mortgages and taxes. Provide for continuing management and insurance of investment properties.

Final administration of the estate

1) Upon advice of the lawyer, apply to the court for Letters of Probate.

2) Pay from the estate assets the necessary probate tax

3) The executor can now deal with the assets, settle the liabilities, and distribute to beneficiaries the residue of the estate in accordance with the provisions of the Will:

Assets:

Cash and Securities: Withdraw cash balances from bank and trust accounts, cancel accounts Take possession of securities and register any in the estate trustee’s name, review securities to determine which should be held and which should be sold. Sell securities as determined, to pay tax and other liabilities, as well as to provide cash for any bequests. Review investments regularly for appropriateness while the estate continues.

Real Estate: Convert to cash, convey or sell residence(s) and any other real estate property, i.e. the summer cottage, farm and commercial or apartment building(s). If bequeathed as a gift, transfer the property into the beneficiary’s name or as directed.

Mortgages: Arrange to collect mortgage payments. Arrange for continuing management of assets or sale.

Insurance and Annuities: Submit necessary claim forms and supporting documents to life insurance companies and collect proceeds of life insurance and annuity policies. Arrange for cancellation of insurance on assets as they are conveyed or sold.

Personal Goods: Deliver to the heirs all goods and estate assets that have been bequeathed. Arrange for the sale of the balance of the personal possessions of the deceased.

Liabilities:

Debts: Advertise for creditors in newspapers. Check all claims and pay legitimate debts. Cancel all credit and charge cards. Some credit cards have a death benefit feature (the estate trustee should investigate this possibility). As funds become available, discharge any bank or private loans, mortgage payable, or business liabilities.

Income Tax: In addition to determining regular taxable income relative to the year of death, all the deceased’s capital gains or losses as of the date of death also must be determined. If the surviving spouse or spouse trust receives the entire estate, it is possible that no capital gains tax will be payable until that spouse dies.

Prepare an income tax return for the portion of the year to the date of death, and for any previously unpaid period. Prepare a rights and things return—and any other income tax return—as appropriate. Pay taxes and obtain a certificate of tax clearance from the CCRA. Advise beneficiaries of taxable income, if any, allocated to them for which they are liable for income tax.

As tax at death is a complicated matter in many estates, the executor should seek professional tax advice when proceeding with the preparation and filing of estate income tax.

Other Duties or Taxes: If duties or taxes in respect of foreign jurisdictions are owed, instruct an estate lawyer to prepare and file returns. Settle and pay any balances owing and obtain discharges. If the deceased died in another country or has property in another country, contact the Canadian consulate based in that country on how to proceed.

Distributions to beneficiaries:

Make distributions to beneficiaries, in keeping with the instructions of the Will. Withhold sufficient amounts to provide for potential tax liabilities or other obligations.

Prepare and submit a full accounting of estate administration to beneficiaries and to The Ontario Supreme Court of Justice where required.

Manage the estate shares of underage beneficiaries until they are of an age to inherit.

Estate Administration with Testamentary Trusts

A testamentary trust is any trust that is created through the provisions of a Will and comes into effect only when the testator dies. The assets of the trust are stipulated in the Will as are the beneficiaries, the length of time the assets will be held in trust and the terms by which they are to be administered. Such trusts provide a means of providing for named beneficiaries and have certain significant tax advantages due to preferential treatment under the Income Tax Act as well as other non-tax estate planning benefits. The terms of the trust usually provide for the payment of income and/or capital to the beneficiaries.

The executor or trustee named in the Will is usually - but not necessarily - the trustee of the testamentary trust. As such he or she is the legal owner of the properties within the trust and has full authority over the management of its assets and may make discretionary allocations among beneficiaries of the trust unless otherwise stipulated in the Will. The executor is obligated to make decisions regarding the investment of the trust’s assets and file tax returns on behalf of the trust.

The most common uses of testamentary trusts are to provide for minor inheritors - children and grandchildren - and as a means of providing a benefit to a spouse usually over a spouse’s lifetime.

The trustee manages the assets in the trust for the benefit of the child/children and distributes the income and capital at the trustee’s discretion. The full assets of the trust may devolve to the beneficiary when an age of responsibility has been attained or as stipulated in the Will.

Specifically, the responsibilities of the executor with respect to the administration of the estate assets through a testamentary trust may include:

1) Set up the trust fund(s) as directed by the Will.

2) Maintain accounts and records for trusts, and issue regular statements to beneficiaries.

3) Make income payments to beneficiaries. Exercise discretion—where allowed under the terms of the Will—to meet the particular needs of beneficiaries.

4) Provide continuous investment management of securities, mutual funds, real estate and mortgage investments.

5) In the case of the continuation of a private business, serve as a director or officer, arrange for competent management and provide supervision.

6) Maintain residences, cottage, farm or other property, including the supervision of repairs and insurance.

7) Be prepared to account regularly to the court (where necessary) on the administration of the trust.

Provide tax advice to beneficiaries and, if necessary, assist beneficiaries with income tax returns.

9) Make final distribution of estate on death of life tenant(s) or upon beneficiaries reaching age of entitlement. Final income tax certificate of clearance from the CCRA is necessary before the estate can be wound up.

10) Consult the estate lawyer regularly throughout this process.

Allowable Investments Within A Testamentary Trust.

The estate executor may be responsible for investment of assets within the testamentary trust. To that end every executor should have an investment plan that reasonably assesses risk and return. The executor may, at his or her discretion, hire a professional investment advisor to assist in the development and execution of the investment plan. The executor must maintain authority and responsibility for the overall investment plan and must ensure that the investment plan is followed and revised as necessary. Under the Trustee Act, an executor is not liable for investment losses if the conduct of the executor that led to the loss conformed to a plan or strategy for the investment comprising reasonable assessments of risk and return, that a prudent investor could adopt under comparable circumstances.

The Trust’s funds must be invested as directed by the investment powers spelled out in the Trust’s deed. Executors in Ontario usually have one of the following four investment powers:

1) The executor must make investments in accordance with the Trustee Act. The funds of these trusts must be invested in the way set out in the Trustee Act as amended on June 29, 2001.

2) The funds of the Trust must be invested prudently but investments are not limited to investments authorized by law for executors. The Trustee Act provides a useful guide to making prudent investments.

3) The funds of the Trust are limited as to kinds of investments allowed, as laid out in the Trust document the executor is constrained by these restrictions in his or her investment choices even if other investments might provide a higher return.

4) The investment powers are not specified in the Trust document. In these cases the executor must follow the requirements of the Trustee Act.

For more information on Wills and the estate executor, see the Will Planning Guide, elsewhere on this site.

There Are 92 Responses So Far. »

Comment by Charles E Booth on 29 January 2009:

Our son took his own life. There is no will, not estate, nothing but a vehicle that was cosigned by his grandmother. The state will not let her tranfer the title. We have paid for all of his funeral arragnements etc., and the probate court is suggesting the need for an executor. how do we go about handling this. there really isn’t anything else except we will need to file his taxes for 2008. How do we go about doing this.

Thank you
Comment by diana on 29 January 2009:

my dad passed away w/ no will i was the one appointed threw court to take care of everything out of seven kids. all he had was cars (3) and a few tools,the house and most of the furniture are mine,he also has a mobile home that is mortaged w/no life ins. icalled p.v.a to get value of cars do i sell them for that price it seems kinda low to me??? thank you
Comment by Peter J. Merrick, BA, FMA, CFP, TEP, FCSI on 31 January 2009:

The passing of a parent is always difficult and is a time of transition. The question you might want to ask yourself is do you want to continually have possession of those cars? If you don’t and you want to go on with your life perhaps selling them at the price you where offered is your best option. If you decide to sell these cars you can then take the liquid funds and use them the way you feel would be best. Such as paying down debt, or investing for the long-term.
All the best with you decision. I know you will make the best choice for you.

Peter J. Merrick, BA, FMA, CFP, FCSI
Exit Planning Specialist
MerrickWealth.com
peter@merrickwealth.com
416.854.1776
Comment by Peter J. Merrick, BA, FMA, CFP, TEP, FCSI on 31 January 2009:

The loss of a child is always difficult. Sometimes the passing away of a love one is accompanied compounded by the legal’s red tap of each jurisdiction that must be jumped through to deal with the final affairs. The courts require the appointment of an executor who will be responsible for filing the diseased final tax returns and distribution their possessions. You have several options one would be to ask the court to appoint an executor or seek legal council to help select an executor of your choosing. I would suggest that you weigh your options. Most lawyer give a free consultation I would recommend find a lawyer in your area who can give you some sound direction in this matter.
I have learned that time heals all and you will successfully work through this to achieve a positive resolution.

Peter J. Merrick, BA, FMA, CFP, FCSI
Exit Planning Specialist
MerrickWealth.com
peter@merrickwealth.com
http://www.merrickwealth.com
416.854.1776
Comment by Hugh Docherty on 1 February 2009:

Great Information. Just a few questions. My mother passed in December. There is a will. We were told that because there are two properties that the will would have to be probated which is Alberta law (one properties is a summer resident). Is this the law in Alberta. Also, if the main residence is not sold right away will this hold up the probate process.
Thank you in advance
Hugh
Comment by Joe on 2 February 2009:

Here’s a question. I know that executors can charge a fee but when the executor is a family member and a beneficiary (with a sizable amount coming to them) should they receive the standard fee for an exector?
Comment by Faye L. Nicholson on 3 February 2009:

My Grandmother passed without a will. There were two surviving children (my Mother and my uncle). My uncle was court appointed executor of her estate; which only consisted of her home. My Mother has been left out of the loop since day one and when she contacted the attorney for the estate, he stated he could not answer any questions because he was not her attorney. During this time, he and his immediate family looted the home and disposed of everything, including items that did not belong to my Grandmother. Since then he (uncle) has Alzheimer’s and his wife has been handling the estate as if she was a sibling. How can we find out the status of the settlement and if she is even allowed to handle the estate? She or the lawyer will not communicate with my Mother. What course of action can be taken against the lawyer if he is in violation of the laws of North Carolina for handling estates? Thank you in advance for your assistance. Faye
Comment by Cheryl on 6 February 2009:

My mother passed away last year. My step father and my mother were common law married for the last 7 years. My step father had no children of his own. He just passed away last month. He was estranged from his family for quite some time and told me that he wanted me to have his death benefits of 25000.00 but did not have a will and died before we could get a notary into the hospital. I have since contacted his surviving siblings to inform them of his death. They seem sincere and say that they will handle paying for funeral costs and take over the closing of his final affairs etc. My question is whether or not me and my siblings have any entitlement to his benefits (as common law step children) or would it just go to his estate and then in turn his siblings?
Comment by Peter Merrick on 6 February 2009:

Hi Faye

I am sorry to here about your grandmother’s passing. I would suggest that you contact an estate lawyer to find out your rights under North Carolina Law. If your Uncle has Alzheimer’s and he was appointed to be the executor there is a good case to petition his appointment with the state to have a new executor appointed in his place.

This is why I strongly recommend that you find a lawyer with a background in dealing with situations like this one.

I wish you all the best!

Peter J. Merrick, BA, FMA, CFP, TEP, FCSI
http://www.merrickwealth.com
Comment by Paul S on 10 February 2009:

How long should it take to finalize an Estate. I have an Uncle who died April 15th 2008. It is a fairly simple estate with a WILL and an appointed Executor. There are only a couple of Stocks to be disposed of otherwise mostly savings etc. Is it normal for an Executor to take almost a year to Distribute the assets of a fairly simple and un-contested Estate to the
beneficiaries ?
Comment by Kelly on 18 February 2009:

hi, My mother passed away DEC 08 and i am lost on what to do or where to start? i know that she filed no will but she did have Maori land and life insurance with a large sum of money!! I am 17years of age and i have been nominated by my family to go for executor of the estate. we were going to go threw this with a lawyer but because a lawyer cost too much we decided for me to try apply for everything!! (but i never thought that this much work was involved!!) the funeral has been and everything was paid for!! I am just lost on how i go about trying to go for EXECUTOR OT THE ESTATE?? all i know is that without a proper form stating that i am the executor of the estate i can not do anything!! WHAT DO I DO?
Comment by Fran on 23 February 2009:

Hi. My wife`s father just passed away.The Excutor is her brother inlaw of her eldest sister. They bought fathers land and house six months ago, and he did not change his will to reflect that. The excutor of the WILL also helped the father inalw to write the will, although he did not sign it.They now own all the property and real esate. But the Will clearly indiactes that the the property is to be divided equaly between the four surviving adult childern.

What can my wife do to ensure that the WILL is follwed?
If the property was sold before he died and the WILL did not reflect that ,what then?
If the oldest sister and her husband(Excutor) bought the land below value can we ask that they pay the full price and have that disperded equaly?
Are they allowed to Change the locks on fathers House without notification or sharing a spare key?
Some items of the house and fathers have been given away without notification to all the surviving siblings, what recourse do the three siblings have?
Comment by Lynn on 28 February 2009:

My Dad just passed away this month after a lengthy illness. If I have questions in regards to my Dad’s will and my mother is the executor who can I talk to without going through her? My mother and I have never been close (I’m an only child) and my Dad was well aware of this. I hate to even say because it sounds so cold, but I’m under the impression that if I was mentioned in the will, she would not tell me. Is there anything I can do to find this information?

Sincerely,
Comment by MR MANN on 1 March 2009:

HEY THERE! I HAVE AN UNCLE WHO PASSED CHANGING THE BENEFICIARY TO ONE INDIVIDUAL WHICH WAS NO LONGER MYSELF, BUT I AM STILL THE EXECUTOR. HE IS TRYING TO GET FUNDS OUT OF MY UNCLES BANK ACCOUNT TO SPLIT WITH ME FROM HIS PENSION. HE WANT ME TO SIGN OVER MY AITHORITY AS EXECUTOR BECAUSE HE SYS THATS WHAT MY UNCLE WANTED. HE GOT THE LIFE INSURANCE AND IM TRYING TO TAKE CARE OF THE REST, BUT HEHAS A NOTARIZED NOTE SAYING SOMETHING ABOUT MY UNCLE DIDNT WANT ME INVOLVED BUT THE BANK DOES SO WHAT SHOULD I DO.GIVE HIM AUTHORITY AND LET HIM SPLIT MONEY WITH ME, OR FIGHT THE LEGAL WAY AND POSSIBLY WIN NOTHING BUT MY PRIDE
Comment by Carla on 8 March 2009:

My greataunt passed away May 2, 2008 and the Executor of the will will not close the trustfund with the bank and give the other 3 trustees their share of the money and the bank refuses to talk to the attorney of the other three trustees. What can we do? Also,since the bank did not close out the account they have lost the trustfund over $200,000 since her death? Is there anything we can do?

Please Help
Comment by sarah on 12 March 2009:

Hi Kelly,
I’m not too sure where you live but I am currently attending school to be a law clerk. From what I know of Ontario law and I don’t know if it’s the same where you are, you need to go to the courts and get some forms to fill out. the main one would be an Application for a Certificate of Appointment of Estate Trustee Without a Will. Or whatever the equivelant is in your province or state. Also there should be government websites that tell you what you will need.
I hope this helps just a little bit.
Comment by Wally on 19 March 2009:

Dear Sir, Sister, G and myself are joint executors of my late younger sister’s estate for her son who is now 13 yrs old. Part of apartment is rented out. Now my Sister, G is thinking of renting the apartment for a nominal fee which is below market rate. I do not approve of the same as the intention conflicts our role for the sole benefit interest of my nephew. I feel that it is not prudent for executors to take undue advantage for their personal gain and or interest at the detriment of the beneficiary. May I have your gainful opinion and advice. Thanks and God bless
Comment by wendyw on 22 March 2009:

In America, you don’t attend school to ‘become’ a law clerk. You attend law school to become a lawyer, and, while still in school, you work as a law clerk occassionally in a private or public office.
Comment by Susan on 26 March 2009:

My common law husband died last year. His sister is the executor and I am the sole beneficiary. His first wife lives in Montreal I live in Ontario. The will is an Ontario will.
He named his sister to look after his financial affairs and he wanted me to look after his heart.
His will states he wanted to be cremated. He was cremated and the funeral was in Montreal for his children from his first marriage.
I have the urn at the house with me.
The first family has decided they would like to bury the urn in Montreal so that they have access to it. Does the executrix have the power to take the urn from me? What are my rights as his spouse and sole beneficiary? His kids are 31, 28 asnd 25 and none live in Montreal.
Please advise.
Comment by Inez on 26 March 2009:

My brother is the executor of my dad’s will and he hasn’t done anything for 9 years. What can we as the beneficiaries do?
Comment by Inez on 26 March 2009:

My brother is the executor of our father’s will and he is not happy with his share so he hasn’t done anything with the will for 9 years. What can we do?
Comment by Brandy on 27 March 2009:

Hi My grandmother passed away 2 yrs ago and my aunt and father are benificiaries unfortunatley my aunt is executor as well. My grandmother had a home and a retirement account that was listed as my aunt as the benificiary up till now my dad has trusted my aunt to be honest and do the right thing for them but turns out she already cashed the retirement and dad never saw a dime and she just now put the property in probate and is trying not to give my dad a dime as she assumes that she has all legal rights….I know she is suppose to do whats best for both of them what should my father do and does he have any rights to what she had gotten from the retirement fund even though she was the only benificiary I know my grandmother did that only because my aunt was the excutor already so she only put one name on it at the time so does my father have the right to go after her for that…Also she did let her son live in my grandmothers house after she passed away and he did nothing but run down the home what do we do….
Comment by Sabrina on 1 April 2009:

The retirement becomes part of the estate whether cashed or not. By putting her son in the home made it a principle residence if he is over the age and is part of one of the beneficiaries. Contact the lawyer that is settling to probate, or contact another. Consultations are free.
Comment by Tammie on 1 April 2009:

My mother died in 1991 without a will, leaving everything to my step-father, not purposely, her will was drawn up but according to her lawyer, she would not sign it because everything was left to my step dad. Also, before her death he had her signed as “mentally incompetent”, taking her to her last place of employment and having her insurance signed over to him, she had us, her three children as the beneficiaries; when she died, her employer talked to our grandmother asking if there was anything her children could do to stop the money from going to him,we talked to a lawyer, and there wasn’t a thing we could do since he was the spouse, so they had to let go of the money. He kept things that when she was alive, she promised to her grandchildren and her children, none of us seeing anything. We have since found out, he died in October 2008, and no one contacted us; it took me awhile to track down his obit and in it is had a lawyer’s office to contact, so I did, they informed me that everyone in the will had been contacted - meaning none of his step-kids. This man had nothing when my mother met and eventually married; he left his first wife and four kids, with no contact with any of them until my mother died; I want to know why we cannot have our mother’s belongings, why are his kids and friends able to take stuff that is rightfully ours. We have no money to fight a court battle, however, his family knows, none of that stuff was his, is there anything we can do? Before all the estate is finished being handled!
Comment by Shannon on 24 April 2009:

My Grandmother passed away Jan 19,2009. How long does the executor have to disperse the money to the persons entitled to share the distribution of the estate? Thanks Shannon
Comment by mitch on 25 April 2009:

My girlfriend sister passed away a year ago in May there was no will or anything done like that. My gf sister was seperated from her husband and they had a child togethere she is only 12. Can anybody become the excutie of the estate? The husband has frauded social security out of $10,000. My gf has temp custiody of the child and is going for full custidoy. Any advice?
Comment by Tommy on 11 May 2009:

My mother passed away three years ago she had a will and it was to go to her three sons me being one ,my youngest brother was executor to her estate my oldest and him the executor conspired to keep me out of the estate and i got nothing they split what i know is at-less 300,000 if not more because she had annuities. is there anything i can do to get my 1/3 rd .
Comment by Green Tea on 13 May 2009:

His family looted everything after my husband we had recently seperated and thank goodness his family didn’t take my 4 children of 15 years. I am working with a lawyer for a year now and I still have not got any settlement with the family ahhh!!! One idea is go shopping for another lawyer, anymore ideas?? So far my husband changed the life insurance policy to his brother in trust of for the children and it is to believe the brother has spent some of this money and I want to see proof and don’t know how any ideas??
Please let me know thankyou!! And god bless you
Comment by Green Tea on 13 May 2009:

Oh ya I have a WILL and I am the beneficiary and the executor
thanks PLUS I even have probate
Comment by Mike McFadden on 17 May 2009:

Our Father passed away June, 2008 and then our Mother October 9th, 2008. The Executor, who is a lawyer himself, sent everything off to a friend of his, a lawyer as well. For months we kept enquiring about the status of the estate and he said it had to go to probate. After 4 months he came back to us saying he has changed lawyers as the one he chose did nothing so far. It is now going on over 7 months and we have just heard that probate has been signed off. Is there any leagl duties of an executor as to how long this should take?
Comment by lucy on 24 May 2009:

my mother passed away when i was 12. i inhereted all her property and household items(photos,jewelry, etc.) i dont officially recieve said items until i am 30. thats 2 years from now. my brother is the executor of the estate. is he oblligated to show me any of these items? he has refused to show me past banking accounts, photos, jewelry. i dont think he managed the estate as the will stated, and i dont think he will give me the items i am entitled to when i reach 30. what options do i have? tennessee
Comment by TC on 5 June 2009:

My father passed away a year ago in Mississippi. He had a will but it was 16 years old. Most of the things named in the will don’t exist anymore. I am the executor and there was a lot of stuff left to my half-sister. But one problem–can’t find her, her mother and whole brother haven’t seen or talked to her in ten years. She has no activity with her social since 2000 and a private detective was unable to locate her. There were monies left that had no one’s name on them and my father only mentioned my name, her name, and my mom’s in the will. He did state that if his children or wife was dead that their portion would go to an organization. And, my mother and dad was divorced. To make matters worst, the will was drafted by a bankruptcy lawyer and it has a lot of confusing clauses. Can you shed any light on this mess for me? Thanks!!!!
Comment by Lisa on 17 June 2009:

I am the executor of an estate. The debts are greater than the estate’s assets (only asset is a house $390k with a mortgage$270k). In what order do I disburse the funds to cover debts? Are certain debts allowed to be paid at 100% and the remainder of debts prorated?
ie 100% for lawyer’s fee, reimbursement to me for accounting fee to prepare income tax forms, reimbursement to me for furneral expenses, executor fee, property tax, mortgage
Then prorated payment of other debts? ie - income tax x5yrs, visa, line of credit, car loan.
Can you help????
Comment by Diana on 26 June 2009:

My mother passed away early this year. My younger brother is executor of the estate, but has not done any of the things that are laid out in the article. He has had garage sales, put the house on the market for sale, and disposed of her car. He contacted a lawyer who was not the lawyer who made out Mom’s will, but after speaking to him, I find that my brother has only talked to him once, briefly.
There are beneficiaries of the estate with specific bequests left to them.

Now how do we go about getting him to do what he is supposed to do, legally. The will has not gone through probate, and the house has now been sold so this is over 300,000 in the estate.

There must be someone we can get in touch with that can get him into trouble for not doing things properly. I know that he will sifle off as much money as he can by making up false bills, etc.

He is doing things very underhanded and I am worried, even tho I am not named in the will, those that are will not get what they are supposed to. Please help me with any information, Thank you
Comment by Jessica on 27 June 2009:

My father passed away left a will but did not will his spouse. The properties in question were gifted away in 2002. In 2006 he saw that one of the persons he gifted these lands to was up to no good and asked for these lands back. One of the two granted these back leaving them with only 50% vested interest in the lands. In the will my father stipulated that the lands be divided in equal parts to two persons. My mom the surviving spouse was left with only 25% vested interest. My father died of prostate cancer and sufferred delusions of some conspiracy theory due to his heavy drinking at a younger age, but refused medical treatment for both. Several legal documents were created thus creating a whole mess of confusion and the diluted vested interest for my mother. Is there any way we can help reclaim what rightly belongs to her?
Comment by P SINGH on 29 June 2009:

My gran passed away over 35 years ago.
On the passing away of my dad we had to report my gran’s estate
as the house belongs to her and she had not left a will.

My father and mother had paid for the transfer from the Council
into my gran’s name and have since paid for rates, electricity and maintence.

My other aunts and uncles have declined their share. But one uncle who
contributed nothing and was kicked out by my gran wants the property.

Is there anything that we can do.
Comment by Vic on 29 June 2009:

Several years ago I was asked by an elderly old friend and neighbour to accept an appointed for POA Assets, POA Health and Executor who had no family nearby and wanted to make changes in her estate planning. I did so on the condition that while she had no legal obligation, nevertheless she may have a moral obligation to inform the lawyer she had who would be affected by these changes that these changes were being made since this lawyer was POA Assets, POA Health and Executor. Moreover, this lawyer’s client who was also the sole beneficiary of this estate was being removed and a niece being appointed as sole beneficiary. I was assured these changes would be relayed to this lawyer being replaced. It never happened I was later to find out.

Upon confinement to the hospital due to a fall, I attempted to exercise the POA assets to issue payment for the hospital stay and later a nursing home and the former POA for assets blocked this alleging the changes made were not valid due to diminished capacity and the whole issue went into 2 1/2 years of litigation.I went through discoveries and all the nastiness that litigation involves. The issue was a beneficiary change from this lawyer’s client to a family member he did not represent. Meanwhile the POA Health was not challenged and remained valid and I was able to deal with the hospital authorities, select a nursing home, meet periodically with nursing home doctors and staff and manage health care. Meanwhile legal costs were being incurred in this legal dispute that really had nothing to do with me and the niece pleaded poverty and an inability to fund a legal defence and assured me that if I would handle that, I would be reimbursed. The niece’s plea to me was that if I did not step in all would be lost due to her inability to defend. Since by then I strongly felt that my elderly friend had been bullied for years by this lawyer and had been taken advantage of I reluctantly agreed.

In early 2005 death occured and again this same person contested my Executor appointment alleging dimished capacity and litigation resumed and 20 months and a total of $110,000 of legal costs later I was able to negotiate a partial settlement and an agreement was made not to oppose my appointment as Executor by the probate court.

Almost immediately, the niece, who it turned out had never met her Aunt and knew little of her and who did not even attend the burial and left all the costs and funeral arrangements to me began to demand a distrubution of the estate. I had not yet filed estate income tax returns nor have I received a CRA clearance certificate. She has since hired another lawyer, presumably on a contingency basis to hound for an accounting and has received a court order for me to comply in 120 days.

The niece’s position seems to be I am entitled to executor’s fees and reimbursement for the almost 50 grand I laid out and had at risk to defend and little else.

Now my question: Am I entitled to compensation for conducting and funding this victory in addition to my executors fees and reimbursement?
Since I have the estate funds on hand, is it permissible to just deduct whatever I feel is fair before completing an accounting in preparation for a Passing of Accounts legal Hearing? If so is this a conflict of interest or is it a legitimate expense against the estate befor distribution?

The niece’s lawyer takes the position that it is and that I should not make payment to myself and that after all estate matters are concluded and I am a private citizen again, sue the beneficiary, the niece for compensation.
Comment by Lisa on 30 June 2009:

To all of you who feel the Executor is taking too long to distribute funds in the estate, I’d like to tell you, it is no picnic being the Executor. If you think you are frustrated with the time it takes, try doing all the work. In Canada, you must file taxes for the deceased person, and their estate. Except you can’t always get the necessary info slips (ie. T4s, interest income slips from banks) until the beginning of the next year, when they are normally issued. If the loved one dies early in the year, you get to wait until then following January for this info to file taxes. THEN you have to file for a Clearance Certificate from RevCan, which usually takes from 4 -6 months to get. In between, it’s nothing but headaches, complaining family wanting their money, you paying expenses, etc., etc. If it’s only been a year, especially if the deceased passed early in the year, cut the Executor some slack. And talk to your government about the process. I’m currently involved in TWO intertwined estates, and it’s about killing me. One more call from whining, dysfunctional family looking for their money, and I’ve had it. Except the courts are unlikely to let me out of the Executor position. I only get out of it through my own death. Which can look pretty appealing at times.
Comment by Tiana on 3 July 2009:

My aunt was the caregiver of the man who recently died. She was to be paid on the day her client died. The executor of the state says it will take time to pay her and she would like to know how long does it usually take to get these things together. Her client also promised to leave her something, but died before the will could be changed. Can she contest the will?
Comment by Heather on 10 July 2009:

My husbands Great Uncle is still living and has left My husbands mother as the Executor to the estate! Allan (the great uncle) has sold his house and told the executor to split the money evenly between the three boys ((all grown adults)) and herself. Now she only wants to give the money out if she thinks it is a worthy cause! Other than that she wants to keep the money in her own bank account…for safe keeping! and if the boys need money they must go to her and prove why she needs it. Long story I know, but can she actually do this? Put her own stipulations on the division of the money?
Comment by sheri on 3 August 2009:

my mother died in 96 and i was under the age of 18. so my uncle was appointed my guardian. I am 24 and i have not received the proceeds and the insurance company had issued the money to my uncle but he is not responding to me. what do i do to get my money?
Comment by Tonya on 27 August 2009:

My grandfather passed away almost 15 years ago. He left my mother as the executor of his will. Since his death, she has done nothing to settle his will. In fact, she abandoned the “scene” for nearly 5 years. She recently returned to my grandfather’s house and is claiming it as her home. She still has not moved forward with the estate. What right does the family have for forcing her to settle the estate? I have an uncle who has cerebal palsy and could really use his assest/inheritance now. The family does not want to jeapordize the estate because my mother is not fullfilling her duties/responsibilities in a timely matter.
Comment by Dianne on 29 August 2009:

This is tragic. My friend’s parents both passed away a few years ago.One of their assets is their house, which is fully paid off, and was trusted to all four of the siblings equally. My friend is residing in the family home, yet pays rent to her brother, who is the executor of the trust. They are now taking her to court to evect her, because she as a single mother of two young children, cannot meet all of their increased demands for rent! They are both heirs to the house, which is paid off. So is this legal that another heir (who is also the executor)could demand rent from another family member who is living there. This brother has moved in renters on “his side” of the house to make money from renting it out, and wants his sister out so he can rent the whole house out or sell it. This is all taking place in the state of Hawaii. If anyone knows the facts, please share if this is legal and if not, what can be done about it. Thank you for any help on this matter.

A Caring Friend
Comment by Erin on 1 October 2009:

My father passed away, and I am the executor named in his will. Most of his assets (bank accounts, etc.) are in Manitoba, he moved to B.C. just before he died (and died there), and I live in Ontario. Will there be any jurisdictional issues to deal with? If I must seek letters of probate in court, do I do that in Ontario or B.C.?
Comment by Ruth on 7 October 2009:

Hi Peter,

My granddad recently passed away in Ontario Canada. My granddad has appointed someone outside of the family to be the executor and to have power of attorney over my grandma who has dementia. I’m interested in his role and responsibility to the family since he has been in charge. Do I have a right to ask for financial statements before he fulfills the wishes of my granddad? Also, if he makes decisions that do not seem appropriate is there any sort of action I can take?

Thank you
Ruth
Comment by rob a on 17 October 2009:

what is the legal time an exector has to get all assets out of a deacaesed person name
Comment by susan on 29 October 2009:

I thought that my only sibling and I were very close. My Mother and sister live in Idaho. My sister talked her into retiring there in 1993. I live in CA. but have been in constant contact with both for years.

My 81 year old Mother is not wealthy but has - or should I say - had her home & several bank accounts. She lived in a small town, approximately 3 or 4 minutes driving time from my sisters house.

Sherri had planned to move back to CA and had “borrowed” $17,000.00 several years ago and then stopped making payments immediately.
Mom has given her money for years. My sister has been retired for 3 years but even bought an automatic pill dispenser ($700.00 - cost), which my Mom hated, so that she would only have to see her once a week. She took my mom’s bank accounts over although both of our names were supposedly on the accounts.

She “promised” that she would always take care of my Mother or that we could share in the responsibility. I spoke to my Mom twice a day, she gardened, cleaned her home, loved her home and her cat, did normal daily things, but had lost the ability to cook. She was
two (2) minutes away - eating 3 home cooked meals a day but as she said “I’m not going to ruin my life by taking care of Mother.”

Then one day she called and said that she was “putting Mom in an assisted living facility” and that I should be in consensus with her decision. I said I was not. That Mom wasn’t ready for that and just needed companionship, she could come live with me.

She said absolutely not, She will never come to CA. I have the Power of Attorney, have seen my lawyer and there is nothing that you can do about it. She said she took the money out of the account and put it in her name - said it was for Mothers care. She has also mentioned that she is the Executor of the Estate too. (The lawyer was the Executor a few years ago). At one time, she had suggested that her husband should have an equal share of the estate.
(I wouldn’t be surprised if she had replaced my name with his on the will.)

This has ended my relationship with my Sister - when I awake in the morning - the word Judas - is in my mind. I don’t speak to her and probably never will. In one sense I knew that she would take more than her fair share of the estate but didn’t think she would manipulate things so that she could take it while my Mother lives.

She is in the assisted living facility now. In one sense I am glad - as she seems happier, she was a nurse for 30 years, and enjoys people. I know that she will have 3 good meals a day and that she is not all alone. I miss her very much and wish that she had listened to me and moved home many years ago.

My advise - be very careful who has your Power of Attorney - GREED corrupts and is a sickening,disgusting emotion.

Suzy
Comment by GAYLE on 1 November 2009:

ARE THEY REQUIRED TO HAVE THE WILL READ BEFORE SELLING THE HOUSE? AND DISPOSING OF ALL THE DECEASED RELATIVES BELONGINGS?
Comment by GAYLE on 1 November 2009:

HOW DO YOU KNOW WHEN OR IF YOU NEED TO GET A LAWYER INVOLVED IN SETTLING THE ESTATE OF RELATIVE…THAT YOU WERE VERY CLOSE TO.
Comment by Marianne on 19 November 2009:

My mother passed away on October 26th. I am the executor of the will. There is a lot of debt and not much money. My father is the beneficiary of the estate. How do I handle the debt and do I have to do anything with the courts?
Comment by Brenda on 24 November 2009:

I am one of 17 beneficiaries to my uncle’s will. The exector is our 3rd cousin. To this date she and the lawyer have refused to let any our the beneficiaries see the will. We have been told that we have to wait until after probate.
We were told that uncle’s will had been changed 4 days before he died of brain cancer. He was not able to talk so my cousin was in
the room with the lawyer telling what uncle wanted.
I may be cutting my own throat but this seem very wrong to me.
What suggests do you have out there that we can do and should we stop this will from going to probate court?
Comment by Nikki on 25 November 2009:

My husband is the youngest of 3, his mother passed recently and left his 3 older siblings as the executors of her will. They are all extremely greedy and one of their spouses (a certified accountant)continually breeches confidentiality with in the family. Since the passing of their mother, its became 3 against one. They want every cent their brother (my husband) received from their parents, over the years as a gift, or otherwise accounted for. However, they don’t have to produce what they’ve received. There is property involved and the 3 eldest have ascertained 10 acres of certain properties, yet don’t feel that they owe the youngest a 1/4 of what that property is worth. I don’t know the laws surrounding this, but I told my husband he needs to get a lawyer and have them removed as executors, or probate it all together and hold it up.
Any Advise???
Comment by Colleen on 1 December 2009:

My father passed away this past August, he left my mother as the executor, there was no money in his estate and my mother is in receipt of OAS only. We just found out that his car was leased and there is still a year left owing on it, the bailiff had the car towed not because the payments were not made, but because we had the insurance cancelled. Now the company has sent a letter to the estate asking for the payment. What do you suggest we do.

Thank you Colleen
Comment by Peggy on 3 December 2009:

My husband became executor of estate of his uncle’s estate. The uncle had a living spouse that had been disabled several years ago annd was incarcerated 16 months and was released 10/09. The uncle passed away 11/09. They were married a total of 10 years. My husband is executor and has been named in will to receive the house and land and anything left. Can the spouse step in to take anything from home or belongings that are not her’s?
Comment by Peggy on 3 December 2009:

I forgot to mention, we live in Virginia.
Comment by Carmen on 18 December 2009:

My fathers funds are ready to be released to me but the executor lives a long ways away. The bank says he has to sign the documents in person….is there a way around that?
Thank You,
Carmen
Alberta,
Canada
Comment by Rick B. on 20 December 2009:

Question: Is the executor responsible for debts if they exceed the assets of an estate? Who is?
Comment by Rick B. on 20 December 2009:

Second question:
What percentage of an estate is taken by the government if a person dies intestate?
Comment by Norman Frey on 30 December 2009:

My mother passed away without a will.
My brother and I are the sole heirs.
The house is the only property that needs to be sold and the proceeds to be split equally between us.
Is there a way to transfer ownership to the property without an executor in Ontario?

If my brother is a resident of Ontario and I live in the US can we be co-executors if transferring ownership requires an executor?

If he has to be executor is he entitled to executor fees and if there is a disagreement on the value of the property and he’s willing to sell it for much less than fair market value do I have to agree or do I have a say?
Comment by Tim on 31 December 2009:

My Father has passed away and left my two brothers as executors of his estate. Dad was very vague in directions for his estate.I would note that there are no debts owed by the estate.We had a family meeting and discussed the possibility of family members buying assets from the estate. We all agreed(including the executors) to putting in bids for certain items with the final approval decided by a majority vote of the family members. My one brother who is co-executor now feels it is up to him to decide on the price of the assets without consultation from the rest of the family. Since all of the family members have a share in the estate is it not right that all have a say as long as the executors are not put in financial peril.
Thanks Tim
Comment by Martha on 7 January 2010:

Can an executor convince a beneficiary to reimburse them an executor fee, to avoid paying taxes on said fee? IE: within a family, an executor convincing a parent to accept more money, and then pay them back their fee - making it appear as though it was a gift?

Would appreciate a reply.
Comment by Martha on 7 January 2010:

Second Question - is an executor fee based on the total value of the estate BEFORE any debts are paid, or the NET result?
Comment by Brian Poncelet, CFP on 9 January 2010:

Some of the great things about life insurance are:

No Legal Fees

No Accounting Fees

No Probate…BC has some of the highest…and growing!

The amount of fees saved is alot.

Cheque issued with 10 days or less.

If named beneficiary no will necessary.

Private (out a will)…if a parent wants to leave more money to another child for example.
Comment by Anika on 23 January 2010:

Cash and Securities: Withdraw cash balances from bank and trust accounts, cancel accounts Take possession of securities

…and register any in the estate trustee’s name…

Is this a typo? In my neck of the woods, an estate account is set up, giving the executor signing authority. It certainly isn’t in his or her name.
Comment by Bill on 24 January 2010:

My mother passed away a year ago, and in her will named my sister as executor. We want to rent out my mom’s house but need to finish donating/selling her personal property. The problem is that my sister is taking an excessive amount of time to complete this . She refuses to accept any help that I offer but complains of not having time to complete these duties. Is there anything I can do? This is a small house, not a mansion–one year is more than enough time to get it ready to rent, but after one year my sister still has no idea when we’ll be able to rent it.

Thanks,
Bill
Comment by Kathy on 24 January 2010:

My Uncle and Aunt are Executors to my grandmothers estate, but are is a disagreement on where to bury her when she passes. When the will was made my grandmother wanted to be buried with her husband, but she has now moved to another city and would like to be buried with her parents in the city in which she lives now. Half of the family would like her to be buried with her husband and the other half would like to agree with her recent wishes and have her buried with her parents. There is a big conflict, so half of the siblings suggested to bring my grandfathers remains to the city in which my grandmother resides and have them both buried together with their parents, but the other half will not agree, what legal right does the one executor have over the other?
Comment by savannah on 24 January 2010:

My Mother passed away in Sept 09, she had a will having the oldest daughter as executor, to date we have had no contact, there are 7 siblings and the will specifically stated her estate was to be split 7 ways. The insurance money and the stocks, bonds etc. have been cashed in by the executor and no contact whatsoever, and yes the family is not a family any longer. It is unreal how a death divides and greed takes over, my poor Mother would be so sad to see her daughter and greedy husband doing this, although we are not suprised this has always been their MO.
Comment by Deanna on 31 January 2010:

My grandmother recently passed. Her will states that both my uncle (her son) and my father (her son in law) are co executors. Also states that everything will be split 50/50. My uncle has been through her house and removed all her jewelry as well as items that did not belong to her and the original owner would like this property returned. Would this be considered theft from the estate would police be invoved or would we have to contact lawyers and how would we prove what she originally had if he has already gone through these items to sell them?
Comment by Kelly on 3 February 2010:

Hello my stepfather wanted me to be executor of his will, I agreed. However there seems to be an exception from his second wife that I will care of all her needs after he passed. I was only looking at sorting her out financially, not take care of her. I am thinking of renenging on this contract, how do I do this?
Comment by Sharon on 4 February 2010:

My brother and I lost both are parents in fall/winter of 2008. We were named as co-executors and have done probate and cared for the etate and it is now getting near the end of the duties as far as the property is almost sold, just need to complete the sale. Couple of questions -
1. Do the executor fees get based on what is left in the bank after the sale after and all expenses have been addressed or on the gross total of the estate that we paid the probate fee on. Also, I keep seeing differnet percentages anywhere from 2.5% to 6% to charge for exec. fees. My brother and I are execs and beneficiaries along with one other sibling who is a beneficiary. We fall under BC law and are just needing some clarification as we will be wanting to distribute funds as soon as completion etc is done. We know we have to hold back percentage until we have tax clearance as well. This is a relatively simple estate with a small amount of cash in the bank, property in the sale process and all other assest vehicles etc have been liquidated. No debt other than a small mortgage on the home.
2. I understand we will need a letter of clearance from the other sibling? Does this need to be a lawyers letter or can it be something that is done by say our accountant or the bank and witnessed by someone.
3. Also at the beginning we were told that all work, physical labour on the care of the property we could pay $15 per hour for the labour. We have kept a log with the hours and who was working including ourselves not including regular exec duties and we have paid the wages from the estate already. eg massive yard work hourly rate paid to other family members?

Sorry I have a million questions, don’t want anything coming back on us later.
Comment by Paul on 11 February 2010:

Is there a legal penalty (ie: is it a crime) if an executor chooses not to follow the instructions of the will?
Comment by Atticus on 12 February 2010:

My father passed on January 30th. We found an old will from 1976 and we are still looking for a more current one. My sister and I(my father’s only children) have closed out his estate. There wasen’t much because he had previously sold his home and he only had a couple bank accounts. In the will it states my sister and I benificiaries and two persons as executor. One of them is deceased the other is a disgraced lawyer who is now demanding an executor fee for doing nothing. When my sister first contacted him looking for a newer version of the will(he was apperently the lawyer who drafted the will) he told her he was too old and not interested in dealing with the estate. Now after finding out the amount of the estate he wants his money. Any suggestions on getting rid of this maggot would be appreaciated.

P.S. If you don’t have a current will–get one.

Thanks
Comment by Anna on 15 February 2010:

My mom passed away in 2000 and her death was never registered in the province of ontario. The executors are my brother and sister. Since her death was never registered myself and her grandchildren’s guardian never recieved a copy of the will. How can this be rectified as I am named in the will and never got anything. My father is still alive but my mom did not have a survivor will. She instead willed to her kids and grandkids her 50% of assets which include a home, cottage and 100 acres of land. Please let me know how I can correct the fact the death was never registered and also obtain the copy of the will and have my moms wishes honoured.
Comment by sheila thedford on 18 February 2010:

A friends Aunt died about 2 weeks ago. She left a Will leaving her Grandson sole executor.But there is a problem, he isn’t allowed in the State of Oregon. The family doesn’t know what to do about her burial or anything else about her estate. Her grandson is in Alaska
and isn’t communicating with the family. The family is not sure what to do and is afraid that the state of Oregon is going to take over the estate and her wishes will not be carried out. What should or what can they do about her burial and who pays for this. Also they are not sure if her body is still at the hospital or where she is.
If you could please get me some information within 2 or 3 days to my
email address it would be greatly appreciated. Thank you.
Comment by Charlie Halpin on 8 March 2010:

I am trying to locate the Estate Trustee for an author who died in 87 and his wife who died in 98. The purpose is to obtain rights to intellectual property that may be available. I know where they are buried in Ontario and was wondering what the process is or direction I should start at.

Charlie
Comment by fayes on 11 March 2010:

My mother passed away in april 2009. She left a will but nothing was left to “exec” as she signed her house over to my sister who lived with her(no problem) and sold her acreage to my sister’s daughter for $$under acreage price to be paid in installments of $4300.00 a year. Mother was 85 at the time. I (the oldest) didn’t want it done this way because of Mother’s age and wanted them to pay her outright so she could do some of the things she wanted to do.Well, Hurricane Ivan hit and put a tree thru her house and she contracted Parkinson Disease and was put in nursing home care two years before her death. My sister ran up mother’s credit card to $16,000.00 fixing the house, with no intent to pay it. Also, the land deal. Now medicaid wants approx. $122,000.00 in payment for nursing home care. When the $20,000.00 left on the land is paid what will happen to the other $100,00.00 in debt. Where will they get their money?? Will any of my or my children’s assets be subject to confiscation because I am the executor? My husband and I own adjacent land (we bought mother’s 20 acre pecan orchard 25 years ago) will it be in danger when medicaid comes after their other monies or will it just be my sister’s and daughter’s house and land that will be in danger?
Comment by Lynne on 11 March 2010:

My brother’s estate is in Ontario. He died without a will. I am a joint trustee. His home is not in the same city; therefore, I am incurring meal expenses to clear out the house and get it ready for sale. Are there any guidelines as to what is considered reasonable for claiming meals against the estate? Some options are:
- full cost of food & beverages (including alcohol with meals) plus tip
- full cost of food & beverages minus any alcohol
- 50% of food & beverages (including alcohol with meals) + tip

Your thoughts would be most appreciated. Thank you.
Comment by Pamela on 18 March 2010:

My father passed away 4 years ago. My father’s will stated that he left everything to his girlfriend (common-law) at the time. My question is regarding his ashes. His former girlfriend (whom is now remarried) will not give them back to our family. I was his only child and we were close and I believe that his ashes belong with his family. I understand that the executor, who was my grandfather is legally responsible for his remains and we can send a letter of demand for her to return them. My question is, where can I find documantation to send along with the letter to prove this? Thank you!
Comment by Nicholas on 22 March 2010:

i discovered that my mother had copies of a will that was written for her by her boyfriend. in the will it states that she wants her residuary estate divided equally among her children (my sibling and myself). HOWEVER, my concern is that my sibling is listed as the nominated executor, and as executor, has the right and power to lease, sell mortgage, or otherwise encumber any real or personal property that may be included in her (our mother’s) estate. I CAN SEE WHY SHE WOULD NOMINATE MY SIBLING BECAUSE OF HIS/HER FINANCIAL ABILITY OVER MINE TO PERFORM THE DUTIES INVOLVED AS EXECUTOR, BUT I FEAR THAT MY SIBLING WILL TAKE ADVANTAGE OF HIS/HER POWERS AS EXECUTOR AND NOT FOLLOW MY MOTHER’S WISHES TO DIVIDE HER RESIDUARY ESTATE EQUALLY BETWEEN MY SIBLING AND I. is my fear legitimate, could my sibling simply use his/her power as executor and cut me completely out of our mothers estate?? somebody please respond.
Comment by Doreen Graham on 26 March 2010:

My mother passed away in Ontario in Dec 06 with a separate Will from my father. There were four beneficiaries mentioned in the Will. My brother, a beneficiary, is also the executer. Approx six months after her passing, my brother issued cheques to the beneficiaries but refused to give an accounting of her estate. To this day I still cannot get him to show an accounting of what her estate was actually worth and how it was dispersed. Who can I talk to? What course of action should I take? The other beneficiaries agree that this should be resolved. There has been no lawyer retained in this matter.
Comment by Lisa on 27 March 2010:

Does the Trustee have the legal resposibility to give all the accounting information to all the beneficiaries, as far a receipts for lawn care, garbage disposal,ect. Things that needed to be done to matain the estate?
Comment by Anne on 1 April 2010:

My mother passed away 18 months ago and all was left to my father, who just recently passed away. (Leaving all to myself, my sister and my brother.)
My brother was Power of Attorney and is now the Executor and has refused to communicate with me (for the past 18 months) and didn’t answer either my letter or my lawyer’s to him to find out what was happening with the family home (since found out that it was sold & no idea where any of my parent’s belongings are or even my mother’s ashes).
As Executor, how long has my brother got to sell the cottage and liquidate assets? Can he use this cottage for his use? If not how does one go about making sure he does the correct thing as he didn’t when was Power of Attorney?
Thanks for any assistance you can give me.
Anne
Comment by Tess on 18 May 2010:

My father passed away recently and my mother still is living with Alzheimers whereby my brother and sister in law are the POA. I am the executor of the will along with the same sister in law. However was contacted about funeral arrangements after my brother went ahead with them. My father had previous arrangements with a funeral home, but the service I had intimate knowledge of his wishes and they were not carried out as my brother with his wife chose to do it without consulting me. Can my sister in law as co-executor and POA for my mother , execute the will without consulting me
Comment by Kathy on 21 May 2010:

My mom passed away on March 2nd, prior to her death she told both the lawyer and my uncle that she wanted a certain real estate agent to sell the house, I witnessed the conversation. My 90 yr old uncle who is the executor, took it upon himself to sell my mom’s house to his granddaughter at a substantially lower price than the market value, the lawyer advised him that as the executor he could do what he wanted. The granddaughter got legal possession May 1st, which I found out from an ex-brother-in-law, my uncle gave the granddaughter access to my mom’s house April 1st. Neither the lawyer or my uncle followed my mom’s wishes to sell through a realtor. The answer I receive is always, its not in writing. My uncle is also selling all of my mom’s jewellry, the proceeds will go to the estate, even my mom’s wedding rings which are to go to me. Mom’s two best friend’s informed my uncle of mom’s wishes, his answer not in writing. I gave him a lot of my mom’s furniture, glasses, etc. that wasn’t in writing. I don’t know what I can do.
Comment by Leesa on 27 May 2010:

My grandfather passed away over three years ago. My uncle (and his young son) were named executors of his will. All assets were to be divided equally between my father and his brother (the executor). My grandfather passed away in Ontario but his Will had been drawn up in Calgary and my father lives in Winnipeg. The lawyers in Calgary REFUSE to give my father any information regarding the estate, my uncle has left the country and refuses to answer any letter sent through the lawyers. No indication of what the assets were or where they are now. There is a lot of animosity between my father and his brother. What can my father do?
Comment by Cathy on 15 July 2010:

Sir, My first question is whether an executor can live in a different province than the Estate.

My second relates to what I think is a conundrum situation re my grandfather’s estate. He lost all of his assets in a fire two years before he died and lived with my uncle. He left property to his “issue” that cannot be sold for 25 years from date of death and can be used for recreational purposes only. He did not leave sufficient $ to cover the taxes. My father and uncle were executors and passed it over to me and my brother. My grandfather has never filed a tax return, died at 97 and I don’t think the will has ever been probated. Advice sought from an estate lawyer was not helpful. Do you have any insights on this so I can move forward — we will soon be out of $ for the taxes and we have 15 years left. Thank you. Cathy M
Comment by Shawn on 18 July 2010:

My parents have passed on 5 years ago, 1 year apart from one another. There are a total o5 6 siblings in the family, a farm is involved, 3 sisters and 3 brothers, oldest is out of province so he was dismissed as an executor, I have been named the executo-the middle guy, the youngest was considered by me as a co-executor my idea.My youngest brother stay on in the house by one of my sisters wishes too look after the place, as I have to live on the other side of the province. The lawyers started the procedure to take this to probate, no will, it took very long and he was a rude lawyer. While this was getting settled the youngest brother living in the house at no cost, just maintane the home, he became very upset and threatened family and police if he was made to move once this was to be sold. Once he realized he has to move he got very angry again and started acqusations towards myself, and with his past mental problems and jail time, I had him removed as a co-executor, he was interferring in my job as an executor, the lawyer asked me to tay away from the property until probate was settled. Thios went on for 4 years, and now my brother is moving out but still has anger even after we meet on a family gathering to end this tension, it appeared to be fine and we talked once again. Then he got out of control and is telling me that he was arrested for breaching certain situations of neighbours and his not allowed to have fire arms in the home. I have no idea and no clue if he is actually still considered dangerous towards me and other family members. I want to meet with real estate agents at the property but he is still there, once he moves I plan to go the and have the locks changed. He plans to take certian things out of the home with him when he moves, nothing should be touched until I make a final decision, and if it is what can I do to stop him from threatening to do the things he says he will do? I don’t know what to do as in having him permenatly removed from the property so I can fullfill my duties with out stress and interference. What can I do?
Hope I explained myself clear.
Thanks you
Comment by Della on 27 July 2010:

HI - my mom passed June 19th 2010 and I am named executor ~ I have cancelled all her depths that were labled in my moms bank accounts ~ cancelled all her services as to phone cable ect….~ had her taxes done for 2009 ~ Lawyer said to go ahead with will for he has NO claims against my mom nor have I heard any in the 1st 30 days ~ she has nothing but her apt ( was all cleared out ~ done and keys hands back on the 21st to landlord) 0.00 balance there ~ all her final bills paid ~ 0.00 balance there ~ and 3500 in her bank account ~ I have done all arragements as to her will for her berrial and service ~ her car was sold back in March before mom died for she stopped driving ~ the MTO has me listed ~ and now after 38 days my sister wants control of the will to pay off some gambling dept from 8 years ago that NO ONE knew about ~ she wants the funds from my moms bank account ~ I had taken the 3500 and paid for a marker and spot for our mom ~ I have paid for services and flowers Rev to do service and put 1500 aside for back taxes IF any come up ~ Now what do i do about my sister ~ oh there is 5 childern and only I was named in the will
Comment by Randy on 3 August 2010:

I am the executor to my father’s estate. He was 100% shareholder in an incorporated business that was in effect defunct. There is no business or assets….however there are some small liabilities and taxes owing.

What are my obligations? If I am the executor for his “personal” estate….does this mean I am also responsible for the corporation or is it a separate legal entity?

Can Revenue Canada come after me for the remaining small debts (ie small loan and visa balance)?

Thank You
Comment by Crying Shame on 9 August 2010:

It’s seems a crying shame that this site seems to have been abandoned.

So many public queries piling up and no one to deliver on providing advice or direction which would likely result in business generation.
Comment by Shawn on 17 August 2010:

Move on I guess, no help from here
Comment by Suzanne on 19 August 2010:

The majority of these questions are legal ones, and the only response provided is from someone with a financial estate planning background, not a lawyer. People posting these questions need legal advice and should consult a lawyer in their area. Perhaps there are legal blogs out there to answer those questions. I hope to be putting up a legal blog soon, but until then, best advice is to seek a free consultation with an estate lawyer or an estate litigation lawyer.

ProfessionalReferrals.ca - Financial Advisor, Estate Planning, Insurance, Mortgage Broker.

Estate Executor: Duties and Liabilities

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