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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Form 7419 reads I am entitled to share in the distribution

Customer Question

form 7419 reads I am entitled to share in the distribution of the estate. The closest relatives are myself and my sister applying for trustee of my deceased sister. Does this appointment entitle her to make the decision of the percentage I would receive. Can she give a portion to other family members or friends.How do I ensure that I am reimbursed for funeral expenses I have already paid and cemetery expenses I will be paying.Am I entitled to half of the CPP benefit my sister has applied for.If an estate trustee takes a fee for her services what is the percentage she can pay herself.Am I entitled to a detailed statement on the estate income and expenses. How would I ensure that I receive this.If the deceased named someone as beneficiary on any of her investments is that separate from the estate.Is there a time frame for completion of this appointment.from form 74.19 What does consent to an order dispensing with the filing of a bond by the applicant mean.My deceased sister resided in Ontario and the sister applying for estate trustee resides in Ontario.
I reside in British Columbia
Submitted: 1 year ago.
Category: Canada Law
Expert:  LegalGems replied 1 year ago.

Thank you for your patience as I researched these questions and prepared a response.

A trustee is not entitled to change an heir's percentage of interest; rather the trustee must comply with the terms of the trust.

Any expenses need to be submitted to the trustee; the trustee will then review them and reimburse if authorized (funeral expenses are typically authorized).

Can you clarify CCP benefit - I'm not sure of that abbreviation.

If the trust document does not specify compensation, then the following statute applies:

15680. (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument. (b) Upon proper showing, the court may fix or allow greater or lesser compensation than could be allowed under the terms of the trust in any of the following circumstances: (1) Where the duties of the trustee are substantially different from those contemplated when the trust was created. (2) Where the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high. (3) In extraordinary circumstances calling for equitable relief. (c) An order fixing or allowing greater or lesser compensation under subdivision (b) applies only prospectively to actions taken in administration of the trust after the order is made.

Yes, a trustee has a duty to keep the heirs reasonably informed, which includes an accounting. A request would be made to the trustee; if necessary one may petition the court to obtain an order re: production. Those statutes are here:

If an account has a named POD/TOD beneficiary, that controls -even over the trust.

There is no time frame for completion but the trustee has a fiduciary duty to act in the estate's best interest- which means wrapping up the estate as soon as reasonably practical according to the terms of the trust. For less complicated estates, this can be just a few months.

Please let me know if you have any questions on the above.

Customer: replied 1 year ago.
Do not understand terms of trust, I was asked to sign form 74.19, giving consent for the trustee. Would the two surviving sisters, the closest relatives divide the estate between themselves after expenses have been paid.
CPP Canada Pension Plan survivor benefit pay out.
Do not know what POD or TOD are.
Also on form 74.19 what is consent to an order dispensing with the filing of a bond by the applicant.
Expert:  LegalGems replied 1 year ago.

I'm sorry I thought this was a CA not a Canada question.

Let me opt out and have this transferred to the proper forum.

Please don't respond to this as that will delay the proper professional from responding.

Expert:  Debra replied 1 year ago.

There are too many questions on this one post to answer. They are not all follow-up questions at all but many separate questions.

I am prepared to answer a few that I believe fit together and if that is helpful let me know.

Then you will have to start a new post of each of the new and separate questions.

If that is not OK I will opt out. I do not believe any other lawyer from Canada would agree to answer all these separate questions on this one post as it is not fair and as it is also contrary to the Terms of Service. But I can't say for sure.

Customer: replied 1 year ago.
account #75923945 ID#16164384-503
It has now been 24 hours and I am still waiting for laws regarding Canada. As I can not use the information given to me, as it if for CA please let me know what your plans are.
Expert:  Debra replied 1 year ago.

But I did answer, four hours before you posted your last reply.

Did you not see what I said.

I said that I would answer some of the questions on this post if that was OK with you?

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