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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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When property is being sold before the owner dies - do the

Customer Question

when property is being sold before the owner dies - do the assets get held in probate until the owner passes away and the will is read? My situation is my Mom is in a long term care facility unable to make decisions. My Dad has already passed away, my sister is the executor. We have sold the family home & she want to give my other sister my Mom's entire set of china - Royal Dolton to her. Should this not be considered an asset?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.
Nothing of you mother's can be given away at this time. That would be a clear case of financial elder abuse. Any decisions made under a Power of Attorney for your mother must benefit your mother and not a child.The assets do not get held in probate but must be given to your mother.
Customer: replied 5 months ago.
what you are saying is that right now, all my Mom;s jewlry, and china and anything else of value should be put in storage until the time after she passes and then divided up according to her will, is that right? The house can be sold right now as she is no longer living in it.
The items of value remain where with a legal firm? or with the executor? What is the correct thing to do? that is fair to all?
Expert:  Legal Ease replied 5 months ago.
The executor of your mother's estate has no authority at all until she dies. Right now the person acting under a POA has the authority. If the house is being sold the money has to be held in an account for your mother and cannot be distributed. The Will has no effect until she dies. It is not about being fair to all. It is about your mother being alive and no one being able to take her things or her money.

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