How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96430
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

My husband John's Mother passed away in Sept of 2007. My husband

Customer Question

My husband John's Mother passed away in Sept of 2007. My husband and his brother were named as executors for the estate. His brother had passed away in March of 2007.His younger sister had also passed before their mother. My husbands other sister had her name added to the will in August of 2007. She had had the power of Attorney as well. My husband has contacted the Lawyer many times over the last eight years as well as leaving phone messages and registered letters for his sister to try and get the estate settled. The answer he keeps getting is that the sister has not turned over the financial records that are necessary to complete the estate. What can my Husband do to get these records. There are six beneficeries. John, his sister and his brothers two children and his deceased sisters two children.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
I have a couple of questions first. What province is this?When you say she had her name added to the Will do you mean the mother added her as executor to act jointly with your spouse?
Customer: replied 1 year ago.
alberta. Ann took her mother to her lawyer and had a codicil added. Her mother had had the first stages of alheimers for about two years . Some days she would know us some she would not
Customer: replied 1 year ago.
yes they would act jointly with our daughter listed as an alternative
Expert:  Legal Ease replied 1 year ago.
So it sounds like the mother may not have even been competent to change her Will but that was so long ago this cannot be contested now. It would have had to been contested at hear death and not 8 years later. So the fact is this sister is being negligent at the very best. It generally takes one year or so to wind up an estate. Your spouse can proceed to court to get an order removing her as joint executor and then get an order that she provide all the records and then he can proceed to wind up the estate. There is a serious concern that she has something to hide because she was acting under the POA and so this should not be let go any longer.
Customer: replied 1 year ago.
Thank you for your help. Yes we should have followed this up along time ago but kept thinking she would come through with the info. I feel bad for the grandchildren as they could have been using the money for their education etc and Grandma would be very upset if she knew this had happened to them.
Expert:  Legal Ease replied 1 year ago.
I understand completely. I hope this can be worked out.

Related Canada Law Questions