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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99974
Experience:  Lawyer
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My sister is the executor of my Aunt Jo's will. She lives in

Customer Question

My sister is the executor of my Aunt Jo's will. She lives in Mexico during the winter months but did leave an email address. I can no longer contact her thru this address. When she was in Kelowna after my aunt passed she would not accept my calls. We got a death certificate an a cremation certificate and my cousin and I both asked for a copy of the will but she said she was too busy. I would like to know what is happening.
Shirley Carroll ***@******.*** *****
Merritt, BC
V1K 1J 3
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry for your loss.

Did you aunt have assets in her name alone?

Customer: replied 1 year ago.
Her Husband died a few years ago, they had built a house in Prince George, which my sister emptied and sold. She then moved my Aunt to Kelowna. So she had the funds from the house and I am not sure what else.
Customer: replied 1 year ago.
My aunt and uncle did not have any children.
Expert:  Debra replied 1 year ago.

I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from talking to you the telephone as you are not my client.

If you aunt has assets in her name alone then the Will has to be probated. So if there is a bank account with significant funds then the Will has to be probated. If there is an investment account without a designated beneficiary them again the Will has to be probated.

Once an executor applies to probate the Will it becomes a matter of public record. That means that anyone can get a copy and so your next step should be contact the local courthouse and see if there is a court file.

If there is not because nothing is being done on the estate then your next step would be to retain a lawyer to send the executor a letter, demanding a copy of the Will and threatening court.

Customer: replied 1 year ago.
She died september 13/15. Her sister was alone with her. Her sister used to live in Merritt (since 1982) we moved to meriitt in 1991. My husband and I were both teacher and we had two boys. These boys loved aunty Dora who my sister moved to calgary.
Customer: replied 1 year ago.
Why would you advertise in Canada if you cannot operate here. I hope you don't charge me!
Expert:  Debra replied 1 year ago.

That is really sad.

By now she should have applied for probate so check at the court.

I am a lawyer in Canada and I am providing you with Canadian legal information.

I just cannot speak on the phone. But we can go up and back as much as you like.

I am a senior practicing lawyer so you should take advantage of having me hear to explain the law fully to you.

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