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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If I have Power of Attorney for my cousin, who is unable to

Customer Question

If I have Power of Attorney for my cousin, who is unable to handle her own affairs and is in a provincial nursing home, and I am the only living relative, am I automatically executor and do I inherit. She's in the Toronto area.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

No you are not automatically the executor. If there is a Will then the Will will set out who is the executor.

You are not automatically going to inherit either. If there is a Will then the Will determines where her assets go.

If there is no Will then you could apply to administer the estate.

The way this work in terms of inheritance then if there are no living spouse, children, parents, siblings, grandchildren etc then you may inherit. It would depend on who is is closest Next of kin and then that may very well be you. If there are other cousins you would all share.

Does that help?
Customer: replied 1 year ago.

Thank you. That does help. There are no other living relatives and there is no will. Will I need a Canadian lawyer to help me apply to administer? I am already named on the trusts that were set up to provide for her care--I inherit any balance at the time of her death. She is 78 and in poor health, nothing critical.

Expert:  Legal Ease replied 1 year ago.
You will need a lawyer in Toronto to assist you though it is possible to self-represent. It's a bit complicated though.

If there are not any assets in her name alone and if you are the designated beneficiary on whatever she has you may not even need to administer the estate.

But if you do then 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:

(NNN) NNN-NNNN(within the GTA)
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85899
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 11 months ago.

No more information needed.


 


Yes, I gave you a rating of excellent.

Expert:  Legal Ease replied 11 months ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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