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Law.Hut
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in Alberta I am an executor of an estate with another executor

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in Alberta I am an executor of an estate with another executor - the other executor will not comply with my lawyer and myself - he keeps moving from one to another law firm ( 1 1/2 years) - now my lawyer has given his lawyer 10 days otherwise it will be necessary to have an application against this client - what does this involve
Submitted: 8 months ago.
Category: Canada Law
Expert:  Law.Hut replied 8 months ago.
Hello:

I expect that what your lawyer plans to do is bring an application to the Court of Queen's bench to seek an order to remove the other executor, and allow you to be the sole executor.

This will involve starting an application through the court, which would have to be served on the other executor. He would be given an opportunity to file a defense. There will be a requirement to disclose documents on both sides. I hearing will be scheduled at which the judge will consider evidence from both sides. The courthouse the power to dismiss the application, allow the application, and can have some wide powers to make other orders as it seems necessary to manage the estate, such as appointing an administrator for the estate if it finds that both executors are not complying with their duties for example. The court can also order how costs will be paid, and if it finds that the executor has been completely deficient in his duties, can order that person to personally pay costs to the estate. Normally legal costs are payable through the estate And not by an executor personally, as they are only taking action on behalf of the estate.

The timeframe for such an application can vary widely depending on the complexity of the estate. It could take a couple of months, or could potentially drag on much longer before a decision can be made.

These are all issues that your lawyer should have explained to you, or at least should certainly explain to you prior to going ahead with any application. You need to understand exactly what type of legal action will be commenced, the time and cost involved, and the likely outcome, good or bad. Without that information you are not in a position to give meaningful instructions.
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Category: Canada Law
Satisfied Customers: 6067
Experience: with over 15 years experience.
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