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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98396
Experience:  Lawyer
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This is in Alberta.Dad passed away July, 2015. I had 2 joint

Customer Question

This is in Alberta.Dad passed away July, 2015. I had 2 joint / survivorship savings accounts with him. Sister who is co-executor agreed I keep money and disperse it after estate is settled.I had no intention of keeping this money to myself. Then she hired a lawyer. the lawyers have been trying to write an agreement about putting the money in trust. 13 revisions so far. Then I was told I had to have a lawyer.My question is If I put forward an agreement and say no more revisions what can they do? Also does this money have to be listed on the nc7 as it was outside the estate. I have the paper work Dad signed at the bank. I had PoA before he made me joint, I have now paid income tax on the interest for 2015.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

You cannot be compelled to sign a thing and you certainly do not have to pay a lawyer out of your own funds.

This money does not form part of the estate and should not be listed as an asset of the estate for probate. Probate fees should not be paid on this money and that is exactly why joint accounts are used.

The fact that these are survivorship accounts actually means that the money was supposed to go to you and not the estate.

I don't know why your sister hired a lawyer but I assume she thought you would try to keep the money and she didn't want you to. But you are voluntarily sharing this money with her that legally you do not have to share since your father set up the accounts with survivorship rights.

I suggest you tell her and lawyer that she should be thrilled you are voluntarily sharing this money as you don't have to and not to bother you any more.

Expert:  Debra replied 10 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Customer: replied 10 months ago.
The lawyers are saying that the supreme court of Canada says this is not my money because I am a daughter not a spouse. can they litigate against me if I refuse to sign their agreement or put forth my own and say this is it ?
Expert:  Debra replied 10 months ago.

The lawyers are not correct if your father signed a right of survivorship document with the bank.

The lawyers are correct if he did not.

The law is clear and the money goes to the estate where a child is helping a parent to do banking and so there is a joint account but that is where there is no clear intention that the parent wanted the child to have the money.

But where the parent signs the form for the bank that is showing a clear intention that the parent wanted the child and not the estate to get the money.

I think you need your own lawyer to set this lawyer straight.

Customer: replied 10 months ago.
The lawyer that I was forced to hire is telling me that it has to go on the nc7 and I must sign an agreement.At one point in the conversation he also said he would get me to sign a release of the "funds".
Customer: replied 10 months ago.
Also they are saying Dad's intention was not clear because he never had a letter or other paperwork to say what his intentions were.
Expert:  Debra replied 10 months ago.

You need a new lawyer that is on your side.

It doesn't go one the Form and your father signed the appropriate documentation with the bank.

Customer: replied 10 months ago.
The court case they keep quoting is Pecore vs Pecore and they say it will cost a substantial amount of money if this goes to court. They also say I have little chance of winning but it doesn't make sense because I have offered them bank drafts which they did not even acknowledge.
Expert:  Debra replied 10 months ago.

Yes I know the case but there no right of survivorship forms were signed with the bank.

Customer: replied 10 months ago.
How do I get out of this mess? I can't stand the thought of another meeting with the lawyer.We live in a small community 60000 pop. and I feel that the 3 lawyers have all been discussing it between themselves.
Customer: replied 10 months ago.
If I refuse to sign the agreement and refuse to put the money in trust what can they do to me ?
Expert:  Debra replied 10 months ago.

You need to consult with a lawyer in a larger city as you are not being given advice that helps you.

If you refuse to sign they may sue you.

You really cannot deal with them with this lawyer or on your own.

Customer: replied 10 months ago.
What if I wrote an agreement through my lawyer stating the funds go into trust but are not listed on the nc7 and that we each pay for our own lawyers and not use estate funds for this.
Expert:  Debra replied 10 months ago.

I don't see how that will help you at the end of the day as how is that money going to be taken out of trust? You either have to agree or get a court order.

Customer: replied 10 months ago.
Do you have any other suggestions?
Expert:  Debra replied 10 months ago.

Yes. I am sorry but I already told you. You need your own lawyer. It has to be a lawyer not in this town. It has to be an experienced estate lawyer that does litigation and not just Wills. You are going to be hurt otherwise.

Customer: replied 10 months ago.
thank you for your time.
Expert:  Debra replied 10 months ago.

You are very welcome.

If we are done please rate me before you leave the site and please don't rate me negatively because I had to tell you to see a lawyer. What is going on here is clear and you are not being protected.

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