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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Gooday, My father passed away recently and I, my minor son,

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Gooday, My father passed away recently and I, my minor son, and 3 other adults were named as benef. In a legal will. It has been probated. The question is twofold,but some pertinant facts first.. there are about 10 pieces of property in excess of the $50k threshold. I will retain 7 property, 1adult cousin gets contents of house, art work etc., and 3 pieces of property will be sold for payment of any mortgage remaining, cost of sale,and remainder split 50% to minor grandson, 25% estranged niece, 25% old friend.I will be retaining residue of bank chequing n savings Existing at t.o.d ,get any other assets and buildings ,money coming in from these properties as well(properties are farmland) . There are no other decendents of my dad,my mother has passed, no grandparents, no other debts brought forward.... question 1, the executors are baseing their 2.5 % exec. Fee on the probated total of land value, cash on hand etc.,building and machinery value, artwork and house contents. The executors get paid(there is 2 2 x 2.5) out of the cash on hand in 2.5% from person who gets was appraised... no2.5%x 50% of land sale from son or 2.5% x 25% from either adult...why do i pay all tax and fees and executors pay on these other parties benefits fom legal will?
Secondly the public trustee must handle all property titles ,with their assiciated fees, for no reason as only 3 properties associated with juvenile grandson...a legal will is probated and their is income thaz is wasting while publuc trustees must look at a legal probated will to their satisfaction...and waste this income as it will be taxed again on a Well ogf dead man with no expenses...instead of a poor couple who could split income and save big tax...or buy the land that is to be sold...what kind of best interest are the trustees having for my son?

Debra Thal :

Thank you for your question.

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

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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.

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Debra Thal :

The executor's fees are paid for the residuary of the estate.

Debra Thal :

They are not paid by anyone but come from the estate.

Debra Thal :

So no one how has been given a specific bequest pays as you don't actually pay. The estate does.

Debra Thal :

The public trustee is a guardian of minor children.

Debra Thal :

That office merely makes sure all is done fairly for the children you who cannot speak for themselves.

Debra Thal :

In fact you could benefit as they will check to be sure the executor fees are fair.

Debra Thal :

Does that help?


Unfortunately. yes...i read what i could and came much to that conclusion. Unfortunatley in difficult times a person doesnt always think clearly and need OUTSIDE advice

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Thanks very much for the rating.

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Thanks and take good care!

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