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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100506
Experience:  Lawyer
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I live in Ontario. My mother passed away here in April of

Customer Question

I live in Ontario. My mother passed away here in April of last yr. I was her POA and am her executor. She was in a nursing home and had no property but had a bank acct that was joint with me. I have one sister. This sister took my mother's bank card prior to her passing and spent a large part of her savings acct. There is $32,000 left in that acct and the will states that her estate is to be divided equally between my sister and I but taking $12,000 from my sister's portion that my sister borrowed from her a couple of years ago. The lawyer told me that the will would not have to be probated and that we should be able to split the money ourselves. I have never done this before and wondered how to go about this.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

The lawyer is correct. There are not assets in your mother's name alone so there is no need to probate the Will.

What you have to do is pay any debts and taxes your mother owes and then you will deal with the money that is left over.

If your sister owes money to the estate because she took money from the savings account that would come off what she is going to get as will the $12,000. If she owes more than she will be getting then she has to pay the estate back and if she will not then you can sue her on behalf of the estate.

Does that help?

Customer: replied 2 years ago.
Thank you so much. I wasn't sure if the money taken prior to my mother passing (other than the $12,000 we managed to get her to admit to and sign for 2 yrs prior to my mother's death) could enter into the equation. It only seemed fair but I was unsure where we stood on that. Mom's lawyer alluded to that but at the time I was dealing with a number of other issues and couldn't clearly remember. Thanks again.
Expert:  Debra replied 2 years ago.

You are very welcome. I am sorry for your loss and for this difficult situation.

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