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Flagbridge-CDN
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4618
Experience:  Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
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what are my rights as a beneficiary of a will can the ...

Customer Question

what are my rights as a beneficiary of a will? can the executor sell items of the estate without consulting me? I, also, now own 1/3 of the property given to us by my father. Can the executor or other owners sell the property (it was deeded to us, not part of the estate but the estate pays the costs) My dad died in January/08 and I am not ready to sell--she says she must have an answer on whether I am buying the property by July. Can she make this demand?
Submitted: 6 years ago.
Category: Canada Law
Expert:  Flagbridge-CDN replied 6 years ago.
What province are you in plesae?
Customer: replied 6 years ago.
Reply to Flagbridge-CDN's Post: Saskatchewan
Expert:  Flagbridge-CDN replied 6 years ago.
Hello,

Has the will been submited for probate?
Customer: replied 6 years ago.
Reply to Flagbridge-CDN's Post: The lawyer we saw just after Dad's death said it did not need to be probated--house not part of the will? value of assets not high enough? or some other reason? (I was too dazed at the time to remember why but I know it was legally the correct procedure.) The will states that we 3 children will get 1/3 each of the whole estate--no living spouse.
Expert:  Flagbridge-CDN replied 6 years ago.
Ok,

The executor is allowed to sell assets off to pay for the liabilities of the estate, including executor fees which range from between 1-5% of the value of the estate.

If you feel you are not getting your fair share you need to file a motion in court to compel the executor to "Account for the Estate".

She is allowed to give a deadline, which is usually 6 month after the death to have the estate and affairs settled to pay the creditors.

The best bet is to sit down with her and have her walk you through all the assets all the liabilities, and what her strategy is to give the maximum amount to the beneficiaries.
Customer: replied 6 years ago.
Reply to Flagbridge-CDN's Post: There are no creditors to the estate. the house is fully paid for. Property tax will be due the end of July but there is plenty of money in the estate account to pay that.
I'm not concerned about getting my fair share. I just need the process to slow down so I have time to think.
I think my issues are actually 3 separate ones:
#1---The items in the house and lot--furniture, etc. are not the real problem. But I would like a say in what happens to them--Do I have a right to have a say in what happens to them since I get 1/3 of the estate?
#2---the house and lot
Since we each have a copy of the title of ownership registered with the province, is it still part of the estate? I am assuming not. And, therefore, as joint owners don't we each have to agree to sell it?
#3--does a beneficiary have any legal rights when it comes to disposing of the assets of an estate? Or can the executor do whatever they want with the assets?
Expert:  Flagbridge-CDN replied 6 years ago.
#1. You do have a right to a say, but legally the majority will win if it is non specific, and they have a duty to try to obtain at least somewhat close to market value for the property.

#2. They can force you to sell through a Petition through Partition which is a court request forcing the sale.

#3. If the will is NON SPECIFIC about the estate items, and just general then the executor has a right to do what they deem appropriate to settle it in the best way considering the intention of the deceases, the will, and the interest of the beneficiaries. Otherwise the executors hands are tied and nothing would get done if you needed 100% agreement on everything. The key is the executor need to account for all assets and the actions.
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
Flagbridge-CDN and 2 other Canada Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Flagbridge-CDN's Post: Thank you so much. Not exactly what I hoped to here but... I will talk to the executor to see if she will slow down things a bit for me.
Again thanks!
Expert:  Flagbridge-CDN replied 6 years ago.
If there is anything else please let me know. Otherwise please click ACCEPT as I am not compensated until you are happy, by clicking ACCEPT.

regards

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