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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If I have Power of Attorney for my cousin, who is unable to

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If I have Power of Attorney for my cousin, who is unable to handle her own affairs and is in a provincial nursing home, and I am the only living relative, am I automatically executor and do I inherit. She's in the Toronto area.
Thank you for your question.

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No you are not automatically the executor. If there is a Will then the Will will set out who is the executor.

You are not automatically going to inherit either. If there is a Will then the Will determines where her assets go.

If there is no Will then you could apply to administer the estate.

The way this work in terms of inheritance then if there are no living spouse, children, parents, siblings, grandchildren etc then you may inherit. It would depend on who is is closest Next of kin and then that may very well be you. If there are other cousins you would all share.

Does that help?
Customer: replied 4 years ago.

Thank you. That does help. There are no other living relatives and there is no will. Will I need a Canadian lawyer to help me apply to administer? I am already named on the trusts that were set up to provide for her care--I inherit any balance at the time of her death. She is 78 and in poor health, nothing critical.

You will need a lawyer in Toronto to assist you though it is possible to self-represent. It's a bit complicated though.

If there are not any assets in her name alone and if you are the designated beneficiary on whatever she has you may not even need to administer the estate.

But if you do then 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:

(NNN) NNN-NNNN(within the GTA)
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

No more information needed.


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Thanks and take good care!