How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101460
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

My fathers estate has been going on 5 years now. My

Customer Question

My fathers estate has been going on for almost 5 years now. My grandfather is the executor of the will and is very hard of hearing. My father had a business that we are still waiting on the tax clearance for however revenue canada and my grandfather have had issues talking on the phone because he is very hard of hearing. Revenue canada will not answer questions about the estate from anyone but the executor.
There is a rental property in the estate that has not been rented for about 2+ years now. This has cost the estate over $50,000 in lost income and in addition to that, we are paying property tax and utilities on the house out of the estate.
My sisters mom has put a fair amount of money into renovating the rental property. My sister and I both have spent a fair amount of time working on the renovations. They are almost complete, however they will require more money to finish.
We would like to sell the farmland and the rental property once the renovations are complete, however we do not want to prolong the tax issues any longer than necessary. In addition to that i am hesitant to put the extra money in (as i will be using credit to do so) until we have an idea of how much longer the estate is going to take to complete.
Is there anything we can do to move the tax issues along faster?
The past 5 years have been a tremendous strain on my families relationships. I feel that the estate has been mismanaged and we were mislead by my grandfather.
In the initial assessment of the will, my grandfather said that the 3 parcels of farmland were worth around $30-40,000. Part of the farmland was sold to my father by my grandfather years ago. When my father died, my grandfather was feeling upset that he did not get anything in the will. He mentioned that the land was sentimental to him and my sister and i gifted 1 parcel of land to him to cover the executor fees. At the time we were under the impression that the land was worth between $330-40,000. A few months later he sold the land with his farm. We now know that the value of the land was much higher and are selling a similar parcel of land for $225,000.
To date, my sister and i have both received $18,000 and I collected $20,000 in rental income from the house. The value of property that my grandfather has collected is significantly more.
I am at a loss right now and almost at my whits end.
The estate was fairly muddy, as my grandfather and dad were very close. My sister and I have no way to know exactly what was my fathers, and what was my grandfathers in the estate. I do feel like he is taking advantage of the estate by no
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

This is troubling both because it is frightful that this is taking 5 years to resolve and in fact it is still not resolved and that your grandfather did this to you with the parcel of land. It is fraud in my view.

Anyone can speak to the CRA with your grandfather's consent so what you are being told is not true. And your grandfather can also tell the CRA that they can speak to the estate's accountant.

If this cannot be resolved soon then it may be that you will need to consider retaining your own lawyer to help protect your interests.