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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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Hi Debra My father passed away last June. At the time of

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Hi Debra
My father passed away last June. At the time of living my sister had the power of attorney. We knew that he had a will when he passed. My sister has the will. She was telling my brother that there is no will, then she told him that he did not sign the will so its not worth the paper it is written on. I did just receive the will from my aunt. Tho it is not done thru a lawyer. It is signed by my dad and witnessed by my aunt and uncle and of course dated. She had my dads truck, and camper. She says she sold the truck to my niece (very certain that there was no money exchanged) My sister bought my dads house back in the 90 s certain that she did not pay him for many years, it was one of his beefs. I am waiting for the banks approval over my dads will to print off bank statements for the past 5 years when my sister had the power of attorney. I would like to put her house on lien as well as the camper and her property in Pheonix Arizona. My niece no longer owns my dads truck. Can I do this and how do I go about doing it. I do have another problem. This all takes place in Calgary but I reside in Petawawa, ON. I should state also that in my dads will I am named the executrix
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal 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.

But, 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.

Thanks for requesting me.

Who does the Will appoint as executor of the estate?
Customer: replied 2 years ago.

The will appoints me as executor.

Are there any assets in your father's name?

And are you saying she owes the estate money for the house or did you father let her not pay?
Customer: replied 2 years ago.

Well I am not certain, I think that he just argued with her. But his assets when he was still alive and she had control was his truck worth 26,000. A camper worth 10,000 and a 25,000 Mutual Fund. As I said She sold the truck to her daughter. To be honest my sister even admitted that my niece did not pay off the truck when she bought it.

So just to summarize, your sister was appointed under the POA and essentially defrauded your father of all his assets and kept them for herself or else gave them to her daughter, is that it?

And now all that is left is some money in the bank?

Did he leave his estate to you?
Customer: replied 2 years ago.

You got it in a nutshell. Except my dads house sold just before she got him to sign the poa, but the cheque was received after she was signed to the poa. She then dispersed the 139,000 amongst my brother, myself and my sister of 40,000 each. I don't know what happened to the other 19,000.

I am sorry to hear this.

As the executor you are now in charge.

So you can demand she provide you with all the records of what she did while acting under the POA.

It sounds like she will owe the estate a lot of money.

You cannot register a lien on title without getting a judgment.

So the estate would have to sue her.

As a first step you should consult with an estate lawyer who can send her a demand letter that essentially threatens a lawsuit.

Then you will have to see what her reaction is. I suspect she will not want to provide records and will start to lie but ultimately, if you sue her and get a Judgment then you can enforce it against her assets.

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 in Ontario is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

And in Alberta:

1-800-661-1095 or
403-228-1722 in Calgary
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much Debra, you have been very patient and extremely helpful. I appreciate your expertise. Karen

You are very welcome.

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