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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3393
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I am a disabled person, my only income is a small government

Customer Question

I am a disabled person , my only income is a small government CPP disability pension . My father died in 2014 , one of my brothers is executor . Two and a half years later and the executor has not wrapped up the estate even though all of the major things have been done , sold the house ect. As far as I know there is only some jewelry to be sold ( should have done that two years ago ) and taxes to be filed (again, should have been done long ago house sold just after the first year ) .I have been asking why he has not finished and he refuses to reply , also asking for an accounting , which he refuses to provide. He is abusing his position as trustee , the only answers he has given to any questions have turned out to be lies or just evasive . What he is doing amounts to mental and financial abuse .My physical condition is getting worse , severe arthritis and a whole host of medical conditions , and I also suffer from bouts of clinical depression . I have talked with a couple of lawyers on line and in person and they just tell me all I can do is take him to court , court being the superior court of Ontario , which takes years and costs a fortune . Is there any way to take him to small claims and sue for punitive damage ?I have been doing a bit of research on line and it seems there is a criminal charge that applies to this , usually used in cases of elder abuse ( I am 54 years old ) but can apply to vulnerable persons as well , I fit in the vulnerable category due to my physical and mental condition. I hesitate to go to the police with this because if I get the wrong officer they would just treat it as a civil matter and not even look into it .I really need the money , I have to move , my domestic situation has become toxic , but I can't afford to get out . I will have to leave Ontario because the cost of living is far too high for my income . I really need to get him to settle this , it is really having a negative effect on my health .Thanks
Submitted: 4 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 4 months ago.

Hello, thank you for the question. You seem to have your head around the issues and the pitfalls of your position.

Do you have an estimate of what you stand to get from this estate? I know that estate litigation is deeply personal but you'll be helping yourself if you try to be objective and keep your approach business-like.

Customer: replied 4 months ago.
I should be getting $ 20,000 to $30,000 , maybe a bit more , hard to say without an accounting of estate . Not much for some people but would help me a lot .
Expert:  Ulysses101 replied 4 months ago.

I doubt you'd get anywhere with criminal charges, as you observe. A component of elder abuse is that the elderly person is relying on another for basic care and humane treatment. If that reliance or dependence isn't there, it's simply abuse or assault.

You correctly observe that the executor has a duty to the beneficiaries to give updates and accounting of the estate upon reasonable demand. If your executor isn't doing this, then the best way to resolve it is to get another lawyer to write to the executor making those demands. That should get the executor's attention and shouldn't cost you much at all. It's only a letter.

Call around to some estate lawyers (many also practise family law) and ask what it would cost for a consult and a letter. I'm sure you can find one who will help you out for very little, maybe a couple of hundred dollars. That's your best, ***** ***** only, place to start.

Does that make sense?

Expert:  Ulysses101 replied 4 months ago.

I think you've seen what I wrote I wrote yesterday. Did my answer help? Anything else about this you'd like to discuss with me?

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