Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

My step father has recently passed and his will appointed two…

My step father has recently...
My step father has recently passed and his will appointed two executors for his estate, my step brother and one of my sisters. The estate is worth about $500,000 and is relatively simple with six heirs from both sides of the marriage each receiving equal shares in the estate. With the exception of the house which has been sold all other assets are standard, ie., cash, CDs, etc. What would be the maximum compensation the executors are entitled to and what would be considered fair compensation given that the estate was rather simple to settle?
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 7 minutes by:
6/28/2010
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,057
Experience: Lawyer
Verified
Chat Conversation Started
debra thal :

What province is this please?

What does the Will say about executor fees, if anything?

Customer:

Ontario, the will does not say anything about executor fees

Customer:

Yes and probate is complete.

debra thal :

So, is the botXXXXX XXXXXne that the executors did little on their own?

Are you suggesting amount for their fees?

Customer:

Essentially, yes. The lawyer who is handling the estate indicated that they were entitled to 5% of the estate and my step brother is indicating this is what he wants. My sister is conflicted, however, if he gets 5% then she will likely take her 5%. My personal feelings this is excessive compensation for handling the estate and that a lesser amount based on their actual work is what they are owed.

debra thal :

They are not necessarily entitled to anything specific and the 5% is what they would be entitled to jointly and not each.

It's common for beneficiaries not to take any fees of course. But, if they've done some work then they can claim some.

The 2.5% of monies in and out, which is basically what the lawyer is talking about is not a rule of thumb for all cases.

If the matter went to Court the Court would look at the value of the estate (which is not considered large), the complexity of the estate, the amount of time the trustees spent on the estate, etc.

If there were legal fees paid for work the trustees could have done on their own then this would be considered and possibly taked off what they would receive.

From the sounds of things, based on your post, it's not likely at Court would go as high as the 2.5 in and out calculation.

What may be a good approach for you is to consult with an estate lawyer on your own.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

The lawyer can review the facts with you and then give you some advice both about what would likely be ordered by the Court, as well as your best options and can tell you how much this lawyer would charge you to assist in working this out.

Let me know if you need further clarification.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,057
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Debra, I realize your information is general and that I need to consult with a lawyer for specifics. However, before I do this I will try and mediate a mutual agreement with the estate lawyer and the executor's. Your information confirmed what I believed that if this went to court it is highly unlikely that the maximum executor fees would be justified. Thanks for your help in keeping me on the right track. In my mind it is simply a matter of fairness. As an aside, if the executor fees are reduced I will not be keeping any additional monies, rather this will be distributed to my mother's grandchildren .
That sounds like a good idea.

These things get very difficult even with there are not the blended family issues. It's a pity really.

I hope things work out fairly smoothly.
Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,057
106,057 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

106,057 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

250 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
My mother passed away January 11th, 2015 and she had appointed
My mother passed away January 11th, 2015 and she had appointed two executors; my oldest brother and myself. The estate is not complex - she only had a bank account with approximately $35,000.00. There… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
I am executor of my mothers estate. Small value in cash as
I am executor of my mothers estate. Small value in cash as she was in long term care. I have been joint on her accounts for years and am a stand alone executor with four other siblings I will be disbu… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
, Wonder if a consent touching and play rolling considered
hi, Wonder if a consent touching and play rolling considered as incest and illegal and if so what is the punishment ? it also involved cash payment Thanks… read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
1,737 satisfied customers
My morother and I died in April 2013 she appointed my sister
My mother died in April 2013 she appointed my sister as executor. My brother and I are not in communication with our sister. In December 2014 the executor wanted our information for the CRA certificat… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
Answers from Two Experts requested: My mother died 6 months ago leaving a will executed in
My mother died 6 months ago leaving a will executed in Ontario, naming my brother the executor of that will. My brother does not answer my phone calls or emails or give me any report on the status of … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My husbands mother passed away over 4 years ago (March 2010).
My husbands mother passed away over 4 years ago (March 2010). His oldest brother was named executor and the will specifically states that all assets (money, house, stocks etc....) are to be equally di… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I own my house, have investments and my will is leaving everything
I own my house, have investments and my will is leaving everything divided equally to my four children. I have become engaged and when I marry, do I have to change anything, or will my will stand? The… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My father passed away lin Nov 2012 in London, Ontario where
My father passed away lin Nov 2012 in London, Ontario where he resided. My brother was appointed executor and estate trustee. Because my brother resides in the US (Georgia) there was a court-ordered b… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
My brother has taken 6 years to finalize my fathers estate,
My brother has taken 6 years to finalize my fathers estate, having sold all of the farmland that has been in our family for generations. Our brother has been estranged from me and my two sisters (all … read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
What has to be done for my father (81) to be executor of my
What has to be done for my father (81) to be executor of my mother's estate without a will? My mother passed away July 20th.… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
I am one of the executors of my Aunts estate. She lived in
I am one of the executors of my Aunt's estate. She lived in British Columbia. She left a will which was done on a pre-printed form, blanks filled in by her and witnessed by two persons. However we can… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
My father died 39 days after my stepmother 6 six years ago
My father died 39 days after my stepmother 6 six years ago and the estate is still in dispute. Is there a time line..statute of limitations on these sort of cases? Did the estate go to my father..henc… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
My mother recently died. my brother and sister are executors.
My mother recently died. my brother and sister are executors. the estate (of which it is possessions, not cash) is to be divided equally between 5 siblings. My question is whether an executor can dema… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
Ms. Thal, I do have one follow up questions. Our Mothers
Ms. Thal, I do have one follow up questions. Our Mother's estate has still not been finalized (Mom passed away Dec. 28, 2009), there are still issues to be settled (executors are still asking for "cha… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
I am the executor of my Dads estate in BC. During the last
I am the executor of my Dad's estate in BC. During the last six months of his life, where his mental capacity was fine, he was going to change his will where instead of my sister getting all the proce… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
My father is the executor of my grandmothers estate and he
My father is the executor of my grandmothers estate and he and his brother and sister are all equal beneficiaries. This was a very simple will with the house being the only asset. I have made an offer… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
No appointed executor of my mothers insolvent estate. I am
No appointed executor of my mother's insolvent estate. I am paying for my mother's mortgage. I applied for executor and was contested by my brother. They want to keep the land and not the trailer. We … read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
MY father died in winnipeg canada and named my brother who
MY father died in winnipeg canada and named my brother who lives in b.c. as executor and myself and brother as beneficaries. brother has claimed $11.000 in expenses for 2 trips to winnipeg of 7 days e… read more
Debra
Debra
Lawyer
Doctoral Degree
106,057 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x