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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96446
Experience:  Lawyer
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My father died on October 31, 2015. My brother is the

Customer Question

My father died on October 31, 2015. My brother is the executor. The funeral was Wednesday, November 4, 2015. He just sent an email saying it was "his executor's report" and that he had fulfilled his obligations, as follows:
1. Transferred all property ( a house) and bank accounts to my sister - there are three other sisters, two brothers, other than the brother who is the executor. He told us "if we didn't like it - take it up with our father - you know where he is"
He has no Vital Statistics death Certificate, would not/did not give anyone a copy of the will and apparently has a substantial Life Insurance policy through the Knights of Columbus, but will not allow anyone to know the name of the beneficiary. Also, he will not tell us the name of the lawyer who drew up my father's new will (circa 2012 - after having the same one with my mother since about 1960 - she died in 2003). The last thing is, my dad was 98 years old and in a care facility run by my sister (the beneficiary of the will for the past 18 months)
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

I am sorry for your loss.

Was the house in the name of your father alone?

Are there other assets that were in his name alone?

Customer: replied 1 year ago.
The house was in my father's name alone (unless the did something in 2012 when they made him change his will. As to other assets, I do not know but he had 3 very substantial pensions from the canadian government.
Customer: replied 1 year ago.
Please stop asking me for more money - I am spending my last dollars on you to help me figure out what to do. The only thing you should know is his house was free and clear owned.
Expert:  Legal Ease replied 1 year ago.

I don't know what you mean. I have not asked you for any money. I don't work for the site. I am a practicing lawyer. I login to the site the way you do. I see a list of questions and choose which ones to answer. If you were asked for something else it certainly was by me.

If the title was in your father's name alone it is impossible for your brother to have transferred title. To transfer title he has to probate the will. That would mean that will would be a matter of public record so you could see it. But, impossible for him to have done this so quickly.

If the title to the house is in the name of your father and your sister as joint tenants, all he would have to do is present a death certificate to the land registry office and title would be transferred because then the house does not form part of the estate.

If the pensions had designated beneficiaries then a will is not needed to deal with them because again the pensions do not for part of the estate.

If you do not trust your brother and do not believe that what he's telling you is correct or that what he's doing is correct then your next step should be to retain your own estate lawyer.

Let me know if you need any further clarification. And please don't believe that I'm asking for anymore money because I most assuredly I'm not.

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