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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My dad died a week ago. He told me when he was alive that the

Customer Question

My dad died a week ago. He told me when he was alive that the house we live in is mine to keep.
He also asked me if i would like to sell the house as he went into a hospice care home and knew he wouldn't be coming home. i told my dad i prefer to live in the house and take care of it. he said that was fine.
My uncle is the executor and has power of attorney in the will.
I have asked my uncle to see the will, and he said he doesn't have it. I called my dads lawyer and he didnt give me any information.
I found out today from my uncle that my dads lawyer says the house will be sold and i am in the will as in trust to receive a stipend each month? I dont understand. Do we have to sell the house? I dont know what to do. My dad said the house was mine. I havent seen the will. Can i contest the will? Any advice would be appreciated? My uncle wants money from the estate as he is executor.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
I am sorry for your loss.What province is this in please?
Customer: replied 6 months ago.
Expert:  Legal Ease replied 6 months ago.
do you know if anyone else is inheriting aside from you?
Customer: replied 6 months ago.
my uncle is executor. i am the only one named in the will to receive stipend. But my dad assured me whe he was alive that i will get the house, which is where im living now. the lawyer has not been helpful in answering any questions to me other then telling my uncle the house will be appraised and sold. does the house have to be sold? can i work something out with my uncle? he wants some money he told me. Sorry for my poor english. my dad is dead and im distressed. I trusted my uncle. I also feel there may be an updated will at the lawyers office....and i dont know how to find that out either. im simply lost.
Customer: replied 6 months ago.
Customer: replied 6 months ago.
I am waiting for a reply. Please.
Expert:  Legal Ease replied 6 months ago.
I have answered twice but my post will not go up. I am trying to see if this short one will first.
Expert:  Legal Ease replied 6 months ago.
I will send the answer a few sentences at a time so the full answer doesn't get lost a third time. When the application for probate is made you will get a copy of the Will. If you don't get the full Will it means you are not getting the bulk of the estate but just a specific amount. But then you can get a copy of the Will from the courthouse as it is a matter of public record and anyone can get a copy.
Expert:  Legal Ease replied 6 months ago.
You can try and work things out with your uncle but he has to follow the terms of the Will so if he if the Will says all assets must be sold and the money held in trust for you then your uncle must do that.
Expert:  Legal Ease replied 6 months ago.
Your uncle will be paid the same regardless of whether the house is sold or not so he won't do things differently just to get paid. The lawyer will produce the most up to date Will for sure.
Expert:  Legal Ease replied 6 months ago.
If you do not trust your uncle then you should consult with your own estate lawyer face to face.The lawyer can send the estate lawyer a letter on your behalf demanding a copy of the Will now. Then you will be in a better position to know where you stand.
Expert:  Legal Ease replied 6 months ago.
Let me know if you need any further clarification.
Customer: replied 6 months ago.
What if there is a discrepancy in he will? originally there were 2 executors, one was removed. would the will have to be revised? initialled by my my dad? Or does the lawyer just remove it without any signature from dad?
how can i find out if there is a recent will? sorry im so confused. im just looking for a way to keep the house. Can my stipend be negotiated with uncle? and the house is sold to me? help??? and thank you
Expert:  Legal Ease replied 6 months ago.
There would have to be a codicil written up which had to be dated and signed and witnessed by two witnesses. The codicil would amend the Will. Or a new Will could have been done entirely. I don't know what can be negotiated until you have seen the Will. You will be served with a copy of the Will or the portion that relates to you as I've already said.And once the Will has been probated you can get a copy from the courthouse as I've also already explained.If the house has to be sold and you have the money to buy it then you could buy it. I know you are scared and want the house but the answers are in the Will and there is nothing I can say when I don't know what the Will says.
Customer: replied 6 months ago.
the executor (my uncle) wishes to pull out/relinquish his duties/obligations now. Can he do that? If so, what happens next? Does the lawyer take over and put the house up for sale? This is so confusing. Sorry
Expert:  Legal Ease replied 6 months ago.
The lawyer cannot take over. The lawyer is working for the executor. The executor instructs the lawyer. If your uncle is not going to be the executor then you can apply to administer the estate instead because you are a beneficiary and possibly the only beneficiary. I know you are confused and this is confusing for someone who is not a lawyer. That is why it is vital, and I mean vital, at this point for you to retain your own lawyer and you should do so at once. All of your problems may be solved if you can become the executor of the estate and you are the only beneficiary. You will have full control over all the assets and then you can keep the house. So, first thing Monday morning find an estate lawyer and make an appointment on an urgent basis.
Customer: replied 6 months ago.
Hello again...
Well executor has pulled out...and im told I can't be executor because will states house is to be sold and money goes in trust for me. I'm to receive money every month until money is exhausted or I die? So I receive a stipen. But with no executor now...what happens? I can't be appointed...and don't know who else will be. Does this go to court? Who takes this to court? who pays the fees? Does the government step in? Will I lose a lot of money from the trust fund to fees to government? The executor would have received 5 per cent of the estate im told. now this is so complicated. Thanks for all your replies. I'm so grateful.
Expert:  Legal Ease replied 6 months ago.
You need you own lawyer as I've said many times now.If you don't take active steps this will end up in the hands of a trust company that will charge a lot of money to administer the estate and not care about you at all. The fees will be paid for by the estate and so there will be much less for you.

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