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Legal Ease
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Category: Canada Law
Satisfied Customers: 95867
Experience:  Lawyer
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My uncle is the executor father's estate. The will

Customer Question

My uncle is the executor for my father's estate. The will has gone through probate and we are at the stage where my uncle is claiming his executor fee. He wants 7% for this will and my mother's will that was executed 8 years ago. I do not live in BC and most lawyers will not do business over the phone. There is a vehicle in the assets and he has suggested that he will not release the vehicle until I approve the amount he is claiming. Does he have the power to withhold assets.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
He is claiming very high fees. He does not have to release the assets and in fact should not without your signing a release. But you certainly don't have to sign the release. Rather you can ask for a passing of the accounts. That means the court will look at all the accounts, see what he has done and then decide whether his work as executor merits that high level of fees. Many lawyers will speak to you on the phone and you can even retain one over the phone. You can contact the BC Branch of the Canadian Bar Association 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 $25.The number is:(###) ###-####or 1.***-***-****.

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