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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100024
Experience:  Lawyer
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My family owned a cottage at Lake George Nova Scotia. It was

Customer Question

My family owned a cottage at Lake George Nova Scotia. It was left to my sister and myself in our fathers will. She sold the property without my knowledge or consent. I've not received my half of the sale because she tells me that she's broke and can't give me my share until she sells the family home in which she lives. It could take some time before the house sells and in the meantime i've asked for paperwork concerning the sale but she tells me the papers are packed away and she can't get to them until she's settled in her other house after the family house sells. It's all very suspicious to me and I don't even know how much she received for the cottage. What are my options and how do I get information about the sale.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Was your sister the executor of you father's estate?
Customer: replied 2 years ago.
yes she was
Expert:  Debra replied 2 years ago.
Was she the sole executor?Are you saying she sold the cottage as executor and then instead of putting the money into the estate account and the giving you half the money she simply pocketed it?
Customer: replied 2 years ago.
I don't believe she sold the cottage as the executor. She waited a couple of years before she sold it. She claims that she didn't know that I was half owner of the cottage through the will.
Expert:  Debra replied 2 years ago.
That makes no sense. Whose name was on title when your father died?Whose name was on title when she sold it?
Customer: replied 2 years ago.
It must have been my fathers still. Unless she had the ownership changed?
Customer: replied 2 years ago.
I received a letter needing my signature in order to amalgamate 3 small parcels of land with the cottage property. I didn't realize what it was. I took it to a lawyer here in Courtney BC to have it notified. I must have been blind not to have put everything together but at the time I trusted her and believed what she said. She told me that I just needed to sign the paper and send it back. That it didn't have anything to do with me. But I still didn't understand that she needed my signature on the paper before she could sell the cottage.
Customer: replied 2 years ago.
I guess the paper was called a migration?
Expert:  Debra replied 2 years ago.
I cannot figure out what she did but either way she has essentially committed fraud. If both your names were on title and you signed papers so the cottage could be sold she really stole the money from you. If she sold the property as executor she stole from the estate and so stole from you. She is also being dishonest by saying she didn't know you got half the money. So you can seek to have her charged, sue her or both but there is no doubt she has acted unlawfully and would be sued successfully. I am sorry this happened to you.
Customer: replied 2 years ago.
So what should I do here in BC
Expert:  Debra replied 2 years ago.
You should retain a lawyer for yourself and run all the facts by the lawyer. Show the lawyer the documents that you signed and the Will. And then see what the lawyer figures out and advises as to next steps.
Customer: replied 2 years ago.
ok thank you very much for confirming what i've suspected. i appreciate you time and advise
Expert:  Debra replied 2 years ago.
You are very welcome.

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