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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100471
Experience:  Lawyer
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I would like to protect my interest in the home that I live

Customer Question

I would like to protect my interest in the home that I live in. My mother passed away and left the home to my brother and I in her will. My brother as the executor of the will has no intentions of giving me my share and has registered the title of the property solely in his name. What is the best way for me to protect my interest in this property? I heard that I have to register a caveat against the property. If so, how do I go about doing this and how can I get this done?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

How do you know that the title is in his name alone and he is not going to share the property with you?

And does the title show h​is name personally or his name as executor?

Customer: replied 1 year ago.
I pulled a title and there was a transfer of land registered last week on the 19th of August. It states:
Document Type: Transfer of Land
Consideration: Estate
Owners: Only my brothers name appears.
He was also threatening me a couple weeks ago that he would not give me anything and not share the property which lead me to pull the title.
Expert:  Debra replied 1 year ago.

But it is not a transfer to him personally. It talks about the estate. He is holding title as the executor.

So as this point he has not done anything wrong but he is threatening to do so.

You will need your own lawyer at this point as he has said he will not treat you fairly.

You can freeze the title to the property but that means you first have to start a lawsuit.

A better approach as a first step is to retain a lawyer to threaten a lawsuit so he knows he is not going to get away with anything and then see how he reacts.

If the lawyer then says you better start a lawsuit you can do that and then get an order freezing title.

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