Ask a Canada Law Question, Get an Answer ASAP!
Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I have a few questions first.
Was this your uncle's principal residence?When did you start living in the house?Was your name on title as well as your uncle's before his death. It sounds like it was not.
Did you pay rent before your uncle died?
So I am puzzled. I don't know all the facts but let me just explain why I am puzzled even though this is really not what you are asking.
If this was your uncle's principal residence then the house was exempt from Capital Gains Tax so why were you asked to pay this?
Anyway, looking at your question, the executor owes you a duty of care and also a fiduciary duty and also has a duty to carry out the terms of the Will and must do so in a reasonably prudent manner.
There is no reason at all why the house is not being transferred to you now. Really it could have been almost at once.
The executor should not delay at all and if there is a further delay you may want to consider having a lawyer send the executor a letter demanding that title be transferred at once.
Does that help as a starting point?
Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
No but the executor can either step down or delegate some of the duties so long as the executor still makes the decisions.
You can tell them you will get a lawyer if they don't transfer title now.
A lawyer can threaten to take the executors to court and then do so if necessary.
Is there anything more I can help you with at this point in time?