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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101364
Experience:  Lawyer
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My husband John's Mother passed away in Sept of 2007. My husband

Customer Question

My husband John's Mother passed away in Sept of 2007. My husband and his brother were named as executors for the estate. His brother had passed away in March of 2007.His younger sister had also passed before their mother. My husbands other sister had her name added to the will in August of 2007. She had had the power of Attorney as well. My husband has contacted the Lawyer many times over the last eight years as well as leaving phone messages and registered letters for his sister to try and get the estate settled. The answer he keeps getting is that the sister has not turned over the financial records that are necessary to complete the estate. What can my Husband do to get these records. There are six beneficeries. John, his sister and his brothers two children and his deceased sisters two children.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I have a couple of questions first. What province is this?When you say she had her name added to the Will do you mean the mother added her as executor to act jointly with your spouse?
Customer: replied 2 years ago.
alberta. Ann took her mother to her lawyer and had a codicil added. Her mother had had the first stages of alheimers for about two years . Some days she would know us some she would not
Customer: replied 2 years ago.
yes they would act jointly with our daughter listed as an alternative
Expert:  Debra replied 2 years ago.
So it sounds like the mother may not have even been competent to change her Will but that was so long ago this cannot be contested now. It would have had to been contested at hear death and not 8 years later. So the fact is this sister is being negligent at the very best. It generally takes one year or so to wind up an estate. Your spouse can proceed to court to get an order removing her as joint executor and then get an order that she provide all the records and then he can proceed to wind up the estate. There is a serious concern that she has something to hide because she was acting under the POA and so this should not be let go any longer.
Customer: replied 2 years ago.
Thank you for your help. Yes we should have followed this up along time ago but kept thinking she would come through with the info. I feel bad for the grandchildren as they could have been using the money for their education etc and Grandma would be very upset if she knew this had happened to them.
Expert:  Debra replied 2 years ago.
I understand completely. I hope this can be worked out.