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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My uncle died last July in Alberta and left me his house and

Customer Question

My uncle died last July in Alberta and left me his house and my other siblings and cousins cash. Two questions....The will was probated in Febuary and I was asked in June to pay the Capital Gains tax on his house that I was inheriting, which I did. Then out of the blue they say the property taxes have not been paid on the house and as long as I am living in it, I should pay the property taxes or they will work rent for me to pay, so I paid the property taxes along with the late penalties. My brother (the executor) told me this is all that is needed for me to get the house moved to my name. Nothing has happened, no updates from the lawyer...nothing?? My questions...how long are they allowed to drag out actually fulfilling the wishes of my Uncle in the will??? Is there anything I can do to force them to finish this job??
Submitted: 2 months ago.
Category: Canada Law
Expert:  Legal Ease replied 2 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 2 months ago.

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.

Customer: replied 2 months ago.
I was my Uncles care giver in his house until he went to a Facility, so I have been living here for 10 years. No my name was not on title.
Customer: replied 2 months ago.
it was his principal residence.
Expert:  Legal Ease replied 2 months ago.

Did you pay rent before your uncle died?

Customer: replied 2 months ago.
Not really..he didn't want any. But the last 5 years I have paid for all of the up keep and have paid the taxes the last three years.
Expert:  Legal Ease replied 2 months ago.

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.

Customer: replied 2 months ago.
The Capital Gains were assessed from the time he went into the old age home until his death. This was approximately 3 years and I paid around $3,300.00.....One executor lives in a city 8 hours away and in another province, the other executor lives in the city where my Uncle died. they have obvious problems taking care of things from a distance. Can the one executor that lives out of the area appoint another member of the family to take his place??
Expert:  Legal Ease replied 2 months ago.

No but the executor can either step down or delegate some of the duties so long as the executor still makes the decisions.

Customer: replied 2 months ago.
If they have the Grant of Probate is there anything I can do to make them start the transfer of land??
Expert:  Legal Ease replied 2 months ago.

Yes.

You can tell them you will get a lawyer if they don't transfer title now.

Customer: replied 2 months ago.
what??? What can the lawyer do??? I don't know if the wheels of Justice turn any faster than the two Executors?? What can you do??
Customer: replied 2 months ago.
What can a lawyer do??
Expert:  Legal Ease replied 2 months ago.

A lawyer can threaten to take the executors to court and then do so if necessary.

Expert:  Legal Ease replied 2 months ago.

Is there anything more I can help you with at this point in time?

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