Estate

[momsaid]

Thanks ahead of time from Canada! I feel I am being treated unfair in the estate! I have seen minimal information. I have the will, all three of us are executors. I have asked for all financial records from the lawyer, he stated he has a working copy. Then said I may have a copy, that was two months ago and I have received nothing. Shouldn't I be more informed? He said dad had no life insurance. I find that hard to believe, how do I find out otherwise? Mom said; We three children would have no worries when they pass?????Mom has been gone for four years and dad four months. Where is all the money? My brother is going to purchase the farm and the duplex, at a more than fair price. I am wondering if I should have them appraised? Material things have disappeared, but sentimental! When I said we should have things appraised , he said have a nice life! His love comes with strings attached, and my sister is not speaking to me?? Should I get a lawyer of my own? Not much money there, and dad had a highpaying job for thirty six years!

 

[advisor10]

1-16-2002

DEAR MOMSAID:

Yes, you do need to retain your own attorney if the other attorney is not being forthcoming in providing you with basic information, which you are entitled to as a possible beneficiary.
He should at least be able to give you a reasonable estimate of what the estate is worth.

Who is the "lawyer" who has the financial records: is this lawyer serving as a co-executor along with the rest of you all, or is he merely someone that your father used as an attorney while he was still alive?

SINCERELY,

advisor?

 

[momsaid]

Dear Advisor; Thank You for your quick response. I am uncertain as to whether the lawyer is a co-executor? He was my mother and father's attorney, and I believe my brother's as well. I don't want to make nasty accusations, but I feel my brother and him are in each others pockets! My father's will states: that he nominates,constitutes, and appoints my mother,(whom is passed) and in that case, us three children were appointed as executors and trustees. Further more, my brother being an officer may very well know just how far he can go! Is this possible, or am I over-reacting? Sincerley, confused, or being abused!

 

[advisor10]

1-16-2002


American lawyers are not familiar with how things are done in Canada, so you really do need to speak with a local attorney to find out your options.

Here in America, as soon as the will is filed at the courthouse, any executors automatically receive their legal papers of authority from the probate court, and I assume the same would be done in your country.

Has the will even been filed yet at the courthouse? At least as co-executor you are entitled to be a part of the probate process, and it seems now that you are being deliberately kept in the dark, so you need to get an attorney as soon as possible to stand up for your rights in this estate.

 

[momsaid]

Thank You again. Yes I believe the will has been filed. I say this because the one and only paper I received from the lawyer says "notice of an application for a certificate of appointment of estate trustee with a will" it's basically a copy of the will that I already have. Maybe you could explain this to me in lamens terms, please? Also I would like to ask you if it would be wrong of me to have the properties appraised? My brother does not think he should have to pay anymore than what my father paid three years ago!