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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101043
Experience:  Lawyer
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I am an executor of an estate that has a property that a claimant

Customer Question

I am an executor of an estate that has a property that a claimant has lodged a caveat against.
JA: Dealing with estate issues can be complex, but getting accurate information now will save you headaches -- and potentially heartache! -- down the road. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit. Have you consulted a lawyer yet?
Customer: How can I have this caveat removed?
JA: Please give me a bit more information, so we can help you best.
Customer: What information do you need
JA: Is there anything else the Lawyer should be aware of?
Customer: The claimant that lodged the caveat and filed a lawsuit has not done anything since and does not respond to my letters or calls.
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
Customer: replied 1 year ago.
Please email your response to***@******.*** as I have to leave the computer now. Thanks. Barry
Expert:  Debra replied 1 year ago.
Please let me know your province.Also, have you been served with a claim yet?
Customer: replied 1 year ago.
Province is British ColumbiaYes I was served with a claim in late 2015; however the caveat was filed in May of 2015.
I provided an initial list of documents and so did they.
I sent a letter querying some points two months ago and have not had a response.
My query's related to the fact that their lawyer was receiving instructions from a third party not part of the suit and was being paid by the third party.
I also queried there contention that another lawyer had taken instructions without confirming my deceased mothers competency.
I also queried there acting for my brother whom I have spoken with and he claims not to be represented by this lawyer.
As I said, this letter was sent over two months ago without response and, I do not think I will get one.
I believe this lawyer has purported to be acting for someone yet taken instructions and payment fro a third party.
Furthermore all of the claims are without substance.
Therefore I wish to discharge the caveat and settle the estate.
Expert:  Debra replied 1 year ago.
Unfortunately you cannot do that if there is a lawsuit pending. You will need to deal with the lawsuit.You can speak to the lawyer who is handling the lawsuit for you and ask about bringing an application for summary judgment. That is a method of trying to get a lawsuit dismissed before a trial happens.Then if you succeed the caveat will be lifted and you can wind up the estate.Does that help as a starting point?