Can an executor change the locks to the deceased's home without notifying the beneficiaries of the estate. what recourse does the beneficiary have? How can the beneficiary enter the property if she desires to? Can the beneficiary force the sale of the estate? How long can an estate be unsettled for in the province of Ontario. Does the Beneficiary have any rights to have the estate settled sooner rather than later? What is the maximum time frame for an estate to be opened?
The executor is in charge of the estate.
He/she does not need to notify the beneficiaries of her actions at the time they are performed.
There is no time frame.
The executor must act reasonably.
If the executor is not then the beneficiary can bring an application in Court to have the executor removed and the beneficiary appointed instead.
But there needs to be proof and the reasons cannot be that the beneficiary wants the money sooner rather than later but must relate to how the executor is carrying out his/her duties.
It will be expensive to deal with this through the Courts.
So a good first step would be for the beneficiary to consult with a lawyer with a view to retaining the lawyer to write the beneficiary a letter essentially threatening a lawsuit.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is: 1-800-268-8326 or XXX-XXX-XXXX (within the GTA)
how can the 2 nd beneficiary get into the house with breaking the locks?
The beneficiary has no right to get into the house if the house is an asset of the estate.
Does that help?
What more would you like to know?
who will pay for the ongoing house expenses?, Can the executor decide to rent the house instead of selling the house?
where does the rental income go? Can the Executor live in the house?
What does the Will say should happen with the house?
it does not
the will states that the home is divided by 4 daugthers
Are you saying that 4 daughters essentially split the full estate?
One of the daughters is the sole executor
OK so let me explain the law a little bit so you can understand more about what needs to happen.
The executor cannot live in the house unless all the beneficiaries agree as it would be a conflict for her to do that.
And she would need to pay fair market value rent to the estate unless all the beneficiaries agreed otherwise.
She must not favour one beneficiary over any other.
And cannot of course favour herself.
If there is rent being paid it goes to the estate.The estate must pay all costs.
Her duty it so follow the terms of the Will and to be sure that she is carrying our her duty to the beneficiaries.
She needs to act in a reasonably prudent manner in terms of decision making and a time frame.
Does that help a bit more?
Can the executor decide not to sell the home? just keep the property sitting.
What is the time frame in decision making?
Not unless she can show that it makes more sense to do this and given the housing market in Ontario it's hard to see how she can as the market is considered to be at it's peak right now.
But as I said there is no set time frame.
When can we as beneficiaries request that our portion of the house be settled,? Can we ?Your answers helped us, Thanks
You can tell the executor that she needs to move forward now and if there is evidence that either this is just too much for her or that she has a personal agenda you may need to get a lawyer to assist you unfortunately.
You are very welcome.
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