Ask a Canada Law Question, Get an Answer ASAP!
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.
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.
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.
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.
Yes I know the case but there no right of survivorship forms were signed with the bank.
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.
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.
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.
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.