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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99992
Experience:  Lawyer
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My brother, a co-executor with myself to my mother's estate,

Customer Question

My brother, a co-executor with myself to my mother's estate, is requesting executor fees. He was "gifted
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: He was gifted a parcel of farmland before her death, valued at $800,000. Her will indicates that he has no entitlement to anything since he was gifted the land. My position is that he should view his gift in lieu of compensation. Your thoughts?
JA: Is there anything else the Lawyer should be aware of?
Customer: The lawyer for the estate is not efficient in this matter. It has been over 2 years and he has made little effort to wind up this estate. He is also my father's lawyer, and he is also this same brother's lawyer. This brother had taken my parents to this lawyer to have their wills changed to reflect his inheritance of the parcel of land, despite the fact that my parents had initially left the entire estate, including the land, to the four siblings. This brother has been underhanded and has taken every opportunity to gain as much as he can from my parents.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province is this please?

What does the Will say, if anything, about executor fees?

Customer: replied 1 year ago.
This is Ontario. The will specifically states he does not receive anything, but does not specifically state and thing about Executor fees.
Expert:  Debra replied 1 year ago.

Then the law is that he is entitled to charge executor fees.

These fees are separate and apart from the issue of any inheritance.

If you parent did not want him to receive executor fees they had to say that in the Will or else not appoint him as an executor.

I am sorry this is not the answer you were hoping for.

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