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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100492
Experience:  Lawyer
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My brother died on January 31. He had no Will but my 3 living

Customer Question

-My brother died on January 31. He had no Will but my 3 living brothers and I went to a lawyer and signed all the necessary documents and I was appointed Executor of the Estate. That lawyer claimed he couldn't file for Probate until my brother's condo was sold and he waited for 4 months before he filed and stated the value of the condo at $325,000. It sold yesterday for $290,000. I guess I have two questions. Was he correct in waiting 4 months before filing? And is there any chance was reclaiming part of the probate fees now that the value of the condo is $35,000 less than the amount filed?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
No it was not necessary to wait to apply for probate. In fact I don't see how the condo could have been sold without your first being appointed as executor as there as no authority to transfer title. I don't know where the lawyer got the value of the condo from but if he was negligent in valuating the price then it may be that he would be liable to you for the additional probate costs. This would mean that he would owe you approximately $500 if he cannot amend the probate forms. I believe he can do so but it may cost you more in legal fees than the $500 unless the lawyer agrees to waive the legal fees for making this correction.

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