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Alta Probate My dad has passed on & in his will my mom was

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Alta Probate: My dad has passed on & in his will my mom was the 1st named executor & to get 100% of residue. We probated the will & that is done. However, there is some unadministered property & my mom has now passed on too. So I need to apply for a Grant of Administration? or is it called Grant of Administration of Unadministered Property? or something else? It says in the Alberta SURROGATE RULES, see link @ end, that for this situation, I need to fill out the same forms as doing a regular grant of probate. So I was going to do the NC1, NC2, NC3, NC4, NC5, NC6, NC7, NC19 & NC27. How do I address the fact that I already have a grant of probate? That is why I didn't include NC8. Is this correct? Where do I talk about the existing grant of probate? NC2 para 3.1 talks about the original will being attached. Should I change this to original grant of probate? Do I include NC4? I was hoping for direction on forms & special text to include. http://www.qp.gov.ab.ca/Documents/REGS/1995_130.CFM
Submitted: 5 years ago.
Category: Canada Law
Expert:  Legal Ease replied 5 years ago.
Did your mother die without a Will?

What property are you talking about with respect to the unadministered property?

Did you mother have property in her name when she died?

How large and complicated is this estate?
Customer: replied 5 years ago.

So my dad died testate and then my mom also died testate. You actually helped me with her grant of probate a few days ago.

 

As for the property my dad has in his name, it is one bank account in his trust. I thought the bank transferred it all to my mom, but that didn't happen and it is still in my dad's name. So they won't accept the original grant of probate to transfer the funds to my mom as she has passed on.

 

My mom to has a bank account in her name. So I'm hoping the grant of probate you helped me with will take care of that and it can be dispered to her three children including me.

 

So the estate of my dad and mom is one bank account each and that is it. No homes or cars or anything else. My mom was in a nursing home so she had virtually nothing.

Expert:  Legal Ease replied 5 years ago.
Sorry for the delay. Your reply got lost somehow.

For you mom's bank account the matter is simple and since this is her only asset it's the only reason you need probate.

I cannot see the need for you to do more for your father's account. The bank may have erred or you may have but the Will was probated and they should be satisfied by that.

I would think before doing anything more you should go back to the bank and ask for the manager. Tell them the botXXXXX XXXXXne is this. There are two Wills and two bank accounts and both have or will be probated and the end result is that the money goes to the beneficiaries of your mom's Will. So there has been an oversight. What can do they to do rectify this now?

I would really pressure them so you don't need to do anything more because it doesn't make sense to me.

If that doesn't work post again by replying to this post so you don't have to pay twice as we will be on the same question.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87315
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 5 years ago.

Hi Debra, thanks for the response. I like your answer as it saves me time and money. I will try to convince the bank again. I wasn't too successful last time, but this time I will ask for the manager and hopefully have a cooler head. I will let you know either way what happens in a few weeks. I hope to take my mom's application for grant of probate to the court on Friday and hopefully the clerks wont' give me a hard time and things will progress.

Thanks

 

Customer: replied 5 years ago.

Hi Debra, just wanted to provide you and update on this matter. My Mom's probate was granted a few weeks ago and I have already received the funds from the bank. So that part went well although I had to make a correction to my application for grant of probate, but it is now done and over with. Thanks for your help on that. As for my Dad's, when I went to the bank we talked to the Estate department and they were adamant that the current grant of probate of my dad's estate in the name of my Mom is null and void. So they want me to do a double probate on my Dad's will. So looking at the guidelines, they want the NC30 and NC31 forms filled out and I guess I have to do the NC19/27 and notify the beneficiaries. I was wondering about a couple of things as I fill in the forms: (1) I trust that I do have to nofify the beneficiaries with NC19/27? (2) What do I put at the end of this sentence in NC31? "This application for double probate is now made because" I just need to say that my mom who is the personal representative is deceased and the we still have some unadminister property to attend to, namely the lone bank account of my dad's. (3) Finally, in paragraph 4 of NC 31, I'm not sure who's name to put in the blank:

 

The following documents were part of the affidavit of Abdulkarim H Jiwani, which was previously filed in that application for probate.

 

4.1 Original will of the deceased

4.2 NC 11 Affidavit of witness to a will

 

The schedules and documents that are part of the affidavit of ????_____________________ provided all the information required in this application by the Surrogate Rules and have been prepared by me or by my lawyer on my behalf.

 

Is this my mom who made the original application for grant of probate or is it me as the secondary personal representative applying for double probate? The ending of the above sentence doesn't make sense to me either.

 

So I'm assuming you don't have access to the Alberta Surrogate Court docs so I have pasted my semi completed version of the NC30 and NC31 forms.

 

 

NC 30

COURT FILE NUMBER __________________

COURT Court of Queen's Bench of Alberta (Surrogate Matter)

JUDICIAL DISTRICT Calgary

ESTATE NAME VELJI, PYARALI GULAMHUSEIN

PROCEDURE Application by a personal representative for a grant of double probate

DATE OF FIRST GRANT August 27, 2004.

BOND n/a

NOTICES REQUIRED NC19 Notice of beneficiaries (residuary) ???

COPY OF THE APPLICATION FILED WITH n/a

THE PUBLIC TRUSTEE'S OFFICE

NAME(S) OF PERSONAL REPRESENTATIVE (S) Azim Velji

IN THIS APPLICATION

NAME(S) OF PERSONAL REPRESENTATIVE(S) Zarina Velji

IN THE PREVIOUS APPLICATION

COMPLETE ADDRESS FOR SERVICE n/a

ON THE PERSONAL

REPRESENTATIVE(S)

___________________________ ____________________________

Personal Representative Date

Name: Azim Velji

Complete address: 54 Coachway Gardens SW Calgary AB T3H 2V9 XXX-XXX-XXXX (H) XXX-XXX-XXXX (W)

__________________________________

Lawyers for Personal Representative

 

Responsible lawyer: None________________________________________________

Firm name: ____________________________________________________

Complete address: ____________________________________________________

Phone: ________________

Fax: ________________

File no.: ________________

ORDER: ISSUE THE GRANT AS APPLIED FOR

 

_____________________________ ____________________________

JUSTICE OF THE COURT OF QUEEN'S DATE

BENCH OF ALBERTA

NC 31

 

COURT FILE NUMBER __________________

COURT Court of Queen's Bench of Alberta (Surrogate Matter)

JUDICIAL DISTRICT Calgary

ESTATE NAME VELJI, PYARALI GULAMHUSEIN

DOCUMENT Affidavit by a personal representative on application for a grant

of double probate

DEPONENT(S) NAME(S) Azim Velji

___________________________________________________________________________________

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENTS' KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant is one of the personal representative(s) named in the deceased's last will.

2. The other personal representative(s) named in the will previously applied for and were granted a grant of probate issued by this court on August 27, 2004. Power was reserved at that time to allow the other personal representative(s) named in the will to make a subsequent application.

Schedules

3. The following schedules were part of the affidavit of Zarina Velji, which was previously filed in that application for probate. They are correct to the deponents' information and belief.

3.1 NC 3 Schedule 1 Deceased

3.2 NC 4 Schedule 2 Will

3.3 NC 5 Schedule 3 Personal representative(s)

3.4 NC 6 Schedule 4 Beneficiaries

3.5 NC 7 Schedule 5 Inventory

Documents

4. The following documents were part of the affidavit of Abdulkarim H Jiwani, which was previously filed in that application for probate.

4.1 Original will of the deceased

4.2 NC 11 Affidavit of witness to a will

The schedules and documents that are part of the affidavit of ???_____________________ provided all the information required in this application by the Surrogate Rules and have been prepared by me or by my lawyer on my behalf.

 

 

 

Notices

5. The following notices were served as required and in the manner prescribed by the Surrogate Rules by Azim Velji when the previous application was filed.

5.1 NC 19 Notice(s) to beneficiaries (residuary)

5.2 NC 20 Notice(s) to beneficiaries (non residuary)

5.3 NC 21 Notice(s) to beneficiaries (intestacy)

5.4 NC 22 Notice to spouse of deceased Matrimonial Property Act

5.5 NC 23 Notice to spouse/adult interdependent partner of deceased Dependants Relief Act

5.6 NC 24 Notice to a dependent child of the deceased Dependants Relief Act.

6. The personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

7. This application for double probate is now made because ?? .

8. The grant issued to Zarina Velji is now surrendered to this court.

SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ,

ALBERTA ON

 

 

Deponent Commissioner's Name:

Appointment Expiry Date:

Expert:  Legal Ease replied 5 years ago.
Sorry for the delay. I was trying to get some of the answers to your questions online as I am in Ontario and things are different here.

1) I cannot find the answer to this but as they've already been notified I cannot see why they need to be given the copy of the Will again (if that's what this is about).

2) Your answer is very good and that should be enough.

3) It sounds like you are expected to provide an Affidavit. I honestly don't know though. I think you have to ask the Court house. Just say you are self-representing, you are not asking for advice but aren't sure all that's needed for this type of application.
Customer: replied 5 years ago.

Hi Debra, ok I think you clarified the last item (3) for me. I thought it was in the past but it is really related to the present application for a double probate. So the affidavit I'm providing is in the NC 31 form. So that makes sense now. As for Item 2, ok I will go with that. Item 1, I think I need it. It is just telling the beneficiaries that a double probate is being done and here is the double probate application. I guess they should be told of such things as they are still awaiting for the residuary benefits. There is no Will required in the double probate application as I don't have the will anymore it is with the courts. I do have to surrender the existing probate in my mom's name.

 

I will proceed with this and lets see what the clerks say at the court house.

 

Thanks

 

Azim

Expert:  Legal Ease replied 5 years ago.
You are getting good at this aren't you?

You may think of switching careers!

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