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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
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Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am the executor cousin's estate. No estate monies, bank

Customer Question

I am the executor for my cousin's estate. No estate monies, bank bal. after all bills paid was $28.08 plus his Inc. Tax returns. I am the beneficiary of his company life insurance. BUT in his hand written will, he as asked that I give one of his daughters 30% of the life ins. I am willing to do this, have sent his daughter documents of bills pd. funds rec'd and spent with full acct'g details to her with a lawyer's Release form for her to sign, date & witness and return original to me. Two weeks later I hae not heard from her. she thinks there is more monies somewhere. I do not know of anything more anywhere. If she doesn't follow my request to return orig. form so I can release the monies, can I proceed to distribute the remaining 70% of Ins. monies and leave her allotment sitting in a bank account. or just keep the whole thing. Would love to have your legal opinion. Edith
Submitted: 3 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 3 months ago.

Are you asking for executor fees?

Customer: replied 3 months ago.

I have included my executor fees in my out of pocket expenses. My initial question is: There are no "estate monies" after bills were paid. The deceased named myself the beneficiary to his company life insurance. I have rec'd the monies. Now, in his will he requested that I give one of his daughters 30% of those monies which I am prepared to do. I have sent her copies of all bills paid, monies received so she knows there are no left over monies in his estate. But before I release the 30% of the life ins. I want her to sign a Release form, releasing me from all futue problems before I release the monies to her. She has not returned the form signed, dated and witnessed. Because this ins. was left to me personally am I obligated to give her these funds if she continues to not reply. Can I disburse the 70% of these funds now before sending her her allotment? Currently I am withholding her monies until she send me the signed Release form.

Expert:  Legal Ease replied 3 months ago.

You are not required to give your money to her.

What you are doing is completely voluntary.

She should know that.

But you cannot compel her to sign a release.

You can tell her that she will not ever get any funds from you that are yours legally without her signing the release.

But you are not entitled to take executor fees without the consent of the beneficiaries or of the court so she can come after you for that. You could take your out of pocket expenses but that is all.

Does that answer your question?

Customer: replied 3 months ago.


Expert:  Legal Ease replied 3 months ago.

Yes for sure.

If they are out of your money then you can take what you want. It is a voluntary gift you are making to the others.

I thought there was a bit left in the estate.

Customer: replied 3 months ago.

Yes, there was a total of $28.,08 and then his inc. tax rebate brought the total up to $2194,13 which I have advised her she will get 631.24 plus the 30% from the ins. monies.

2nd question: Because she insisted in copies of all documents, pd receipts etc I spent hours compiling this info - if I can't include executor fees, then I will add this expense to my out of pocket expenses. this girl has been nothing but a first class "bitch" from the beginning. Pages and pages of emails on just how I should handle this case including an advance estimate from the CRA prior to T4s being released. I am ready to walk away from this situation if I could..

Expert:  Legal Ease replied 3 months ago.

You can reduce your voluntary payments by whatever you want. You can decide not to give her a thing.

But make it clear that you are not taking your executor fees out of the estate funds.

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