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I have estate questions. Ontario I need a good legal
X and Y (trustees) are siblings, and their parents left their estate including a cottage in trust for the beneficiaries. Mom passed in 2001 and X claims she helped dad with taking care of the cottage until he passed in 2013. Y was never interested in the cottage and only visited twice since dad passed away. The Family Trust was to receive certain amount of money for maintenance and bills. X claims she used that for the maintenance of the cottage and would constantly send receipts and spreadsheet of what was spent and what was done in the cottage. X said she was the one who paid for dad's funeral with personal money because Y was not working at that time and she never complained or asked Y to pay. The cottage went into a Trust starting in 2001 and X said she remember signing the papers, but she did not receive a copy of the Trust until 2016 when her own lawyer for her own Will discovered it. She thought she was part owner. The Trust documents were not given to Y when he got Dad's Will. The Trust stated that ... when the eldest turned 65 years (i.e X) the Trust would change to the beneficiaries, 1/4 each to Y and her 3 daughters. X claims she had asked lawyers what to do and they all suggested to make sure she get an accountant as Capital Gains or Land Transfer could be a lot. She asked Y for help in figuring out what steps to be taken but before then Y had previously sent me an email asking why X haven't transferred it and an accounting of the money. Sometime in 2021 Y sent X an email from his lawyer who stated that X was stopping the proceeding of the transfer and they would take X to court. X was advised by her lawyer check with an accountant before doing any transfer. Her lawyer also told her to transfer from Trust to beneficiaries wasn't too difficult but would cost $3-5,000 and could trigger Capital Gains, etc. X stated that she was mostly at the cottage during the covid, and she still have her house in the city, and there has never been a change of address. This got Y angry and in late 2021, Y through his lawyer sent X court suing her. Anyways, the court date was set for early 2022 and at the last minute it was cancelled for attendees. Court required the financial statement of the Family Trust and to get an appraisal of the cottage. X did that and the cottage was appraised at $650,000. X through her lawyer sent the appraisal to Y and her lawyer and until now they never replied. 2 out of 3 of X daughters have transferred their share of the cottage in writing to their mother as a gift because they are not interested. X claims she spoke to her lawyer few days ago and he said he was ready to give up this case (she found out before now her lawyer and Y's lawyer are buddies), so she is not sure if this is the reason for his email, but she is not ready to continue with lawyer because she feels he does not have her best interest. X have spoken to a mortgage broker and until there is a Bill of Sale, she is unable to get a mortgage. X goal is to get this over and to own the cottage and she is willing to pay the apprised amount. This is the facts … read more
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