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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98528
Experience:  Lawyer
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My grandmother passed in July in .C my uncle took my address

Customer Question

My grandmother passed in July in B.C my uncle took my address in august and said he would mail estate worth millions still no will then I contact attorney handling estate she says she will talk to uncle about it get a call from uncle saying do not talk to attorney again you'll get when you get it me my brother and sister and uncle only beneficiarys I think he hiding something so do siblings
Submitted: 5 months ago.
Category: Canada Law
Expert:  Debra replied 5 months ago.

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

Expert:  Debra replied 5 months ago.

I am sorry for your loss.

I am not quite following the facts.

Are you saying your uncle is the executor of the estate and you were told that you are a beneficiary but have not yet seen a copy of the Will?

Expert:  Debra replied 5 months ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

Customer: replied 5 months ago.
There is a lawyer and when uncle found out I contacted her and asked for a copy of the will he freaked and told me not to contact her again he told me in august he would send it the estate is worth millions and there is a hundred yr old family buisness at stake my question is how can I get that will there are only four beneficiaries my two siblings and my sleaze bag uncle
Expert:  Debra replied 5 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. As I am a lawyer 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.

Are you one of the beneficiaries?

Customer: replied 5 months ago.
Expert:  Debra replied 5 months ago.

Then the way this works is that the executor will apply for probate.

When that happens all the beneficiaries will receive a notice of application of probate, a notice about making a claim under the Wills Variation Act and a copy of the Will.

The executor cannot apply to administer the estate without doing that.

If you believe the executor cannot be trusted and has essentially committed fraud then you can call the courthouse, indicate that you live in the US and say you want to know if there has been an application for probate filed and if so you want a copy of all that is in the file. Court files are a matter of public record and anyone can have a copy.

The lawyer is not your lawyer. The lawyer is the executor's lawyer and will not only not be able to tell you anything unless the executor instructs the lawyer to speak to you but will charge the estate for your call. Perhaps that is why your uncle reacted this way?

It is not that late yet in terms of applying for probate though at this point it does seem odd that the first steps have not yet been taken. So it would make sense to contact the courthouse in the next while. But as your uncle asked for your address it does sound like he intends to proceed lawfully.

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 5 months ago.
Ya but after four months and his vague answers but the biggest thing is him telling me not to contact the lawyer handling the matter and him telling me I would get the will when I get it there are millions of dollars at stake and my siblings think he is up to no good there are four beneficiaries me brother sister uncle why would he tell me not to speak to that lawyer when all I want is the will I was told that you usually receive the info after 30-60 days
Expert:  Debra replied 5 months ago.

But as I explained there is no point calling the lawyer. The lawyer is your uncle's lawyer. Your uncle is in charge of the estate and the lawyer. Calling the lawyer is throwing estate money out. The lawyer cannot speak to you and won't tell you a thing but will charge the estate for the call. It is not correct to call the lawyer. Your uncle is correct.

I explained what to do if you don't trust him. So call the courthouse and find out if there is a file or not. If there is get a copy of the documents in the file. If he has applied for probate and you are a beneficiary then you and you siblings need your own lawyer.

Customer: replied 5 months ago.
Since my uncle isn't the executor why wouldn't the lawyer just give me a copy
Customer: replied 5 months ago.
If I go to the court for the will does it red flag the estate
Expert:  Debra replied 5 months ago.

Who is the executor?

No it won't red flag anything. All files are a matter of public record and any one at all get a copy of what is in any file. It is just don't by a staff member who is like a secretary.

Expert:  Debra replied 5 months ago.

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

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