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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101426
Experience:  Lawyer
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My sister died 2and a half years ago. She made her son the

Customer Question

My sister died 2and a half years ago. She made her son the executor. He is doing this himself without a lawyer.He was late filling the income tax and there were fines. He has not dispersed the estate. With out taking him to court what can be done?
Submitted: 1 year ago.
Category: Canada Law
Expert:  TexasAtty replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What exactly are you wanting to achieve?

Expert:  TexasAtty replied 1 year ago.

I'm sorry, is this a US law or a Canada law question?

Customer: replied 1 year ago.
Ontario, Canada
Expert:  TexasAtty replied 1 year ago.

This was in the US law section. I'll have to opt out and transfer it to the Canadian Law section of the website. No need to reply, that will only delay the transfer. Someone should be with you shortly.

Customer: replied 1 year ago.
Sorry Dwayne. This is my first time doing this. Patti
Expert:  Debra replied 1 year ago.

Would he be willing to step down as executor?

Customer: replied 1 year ago.
He has made it quite clear that he will do it his way in his own time. Patti
Expert:  Debra replied 1 year ago.

The only thing I can suggest you doing, aside from proceeding to court, is to have him removed as executor, is to retain a lawyer and have a lawyer send him a letter demanding that he either do what is needed to be done by a deadline that you set or else that he agree to step down. The letter would obviously have to threaten court but hopefully you will be able to avoid it simply because he will want to avoid court.

As well, he should be paying any penalties personally or at least they will come of his executor fees and the estate should not be paying them.

Customer: replied 1 year ago.
Thank you for your reply. How would we go about removing him as executor?
Expert:  Debra replied 1 year ago.

You will need to retain a lawyer and bring an application to the court to have him removed. You could do this on your own but is very difficult and quite complicated.