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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95911
Experience:  Lawyer
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My elderly father lived and farmed with a lady years. He was

Customer Question

My elderly father lived and farmed with a lady for 21 years. He was diagnosed with cancer 16 years ago but still managed to run the farm right up to this past Aug 2015. Sept 9, 2015 his common law partner took him to his local hospital because his cancer had got worse. She then called his daughters which lived 8 hrs away and said she was not willing to care for him and he was the families problem now. Sept 12 his family had him transferred to their local hospital where two of his daughters worked. My father then called his common law partner asking her about his Aug and Sept pension check which he did not deposit in the bank yet. She had the checks and deposited them into their joint account and then called me and asked me to open an account at my bank and give her the account number which she then transferred his Aug and Sept into it. My father then spoke to service Canada and had them change his address as so he would get all future pension checks. As the checks came he gave them to me and I deposited them into the new account I opened which we used for all his expenses and needs while he was in our care. He passed away Dec 17, 2015. Although he had some insurance money for his funeral it didn't cover all the cost of his headstone. After we used the pension money that he gave us when he was alive to cover the cost of his electric remote control lift chair, electric hospital bed, TV for his room, clothing, bedding and all personal things he needed because he came with nothing, we spent the remainder of his pension money on his headstone. In all we spend 7710.00 of his money that he gave to us when he was alive. His common law partner gives us a Will which says she is the executor and sole benifencary of his entire estate. We are now being harassed by his common law partners lawyer to provide receipts and bank statements of all money spent while he was in our care. Because she is taking care of his estate. There was never a bank account in his name, The account was only in my name. Do we have to comply with this request.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.

I am sorry for your loss and for this difficult situation.

Was your father mentally competent during the time you were caring for him?

Customer: replied 7 months ago.
When he arrived he seemed ok, but after about a month he started to forget things a bit more and he was on morphine for his pain, so on Oct 21, 2015 we had his doctor access him and she gave us a Certificate of Incapability at which time a social worker helped me apply to be his trustee.
Expert:  Legal Ease replied 7 months ago.

Are you saying you applied to the court to be his legal guardian?

Customer: replied 7 months ago.
No I did not apply to the court. The forms that the social worker had me send in to the Government on Oct 21, 2015 were called "Agreement to administer benefits under the OAS act and the CPP by a Private Trustee" sent to Service Canada. And the other form was called "Undertaking to administer benefits under the Alberta Seniors Benefit Act" sent to Alberta Seniors Benefits. The first week of January 2015 I received Everett's T4A (OAS), T4A (P) from service Canada giving me the title - Sandi G Gordey "Trustee for Everett A Campbell".
Expert:  Legal Ease replied 7 months ago.

I understand.

The executor can demand this information and if she wants she can also apply to the court for an order requiring you to provide this documentation.

If she gets that order you will end up having to pay a good portion of the estate's legal fees for her to get the order so it is much better to simply comply.

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