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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Canadian law for the province of BC. Mum past away on February

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Canadian law for the province of BC. Mum past away on February 3rd 2011, and my brother is the executor how long does it take to probate the will and does he have to give financial statements. He was handling her financial affairs before her death and now will not answer emails or phone calls. I have a copy of the will and it is quite clear on how the assets are the be divided. Is there any way to make sure that he is not using the funds for his own personal gain before distribution of them to the rest of the family
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry for your loss.

Generally, if the estate is a simple one I would have thought that the estate could of been wound up by now.

In most cases for simple estates it takes about one year to get everything done.

Your brother has to make full financial disclosure in terms of what went on with the estate including what assets were in the estate, where any monies went and what is left.

If he acted as your mother's attorney under a power of attorney before her death he also has to account to the estate for what went on while he was managing her affairs.

If he is ignoring your emails and phone calls, he is really in breach of his fiduciary duty because as executor of the estate he owes a fiduciary duty to all the beneficiaries and must treat all beneficiaries fairly and equally.

If you're concerned about his honesty I suggest that you next it be to consult with an estate lawyer face-to-face.

You can contact the BC Branch of the Canadian Bar Association 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 $25.

The number is:

604.687.3221 or 1.800.663.1919.

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks for the information I will do as you recommend and get in touch with a lawyer, I am worried about the length of time and the lack of communication from him. Is there any time limit on completion of probate.

No but he has to act reasonably.

Ignoring you is not acceptable.

I would be worried too.
Debra and other Canada Law Specialists are ready to help you
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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