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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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As a beneficiary of my sister's estate, do I have the legal

Customer Question

As a beneficiary of my sister's estate, do I have the legal right to obtain information about when the final funds of the estate will be paid out without approval of the executor?
A bit of back ground first. I am a beneficiary of my sister's estate who passed away April 11 2014 and my older brother is the executor. I am the beneficiary that is paid the residual funds after all other debts have been paid. I have received $36,000 already, but there was $10,000 withheld to pay her corporate taxes of $6,000 that were prepared by my brother who is an accountant. There were three years of taxes to do.
The estate lawyer told us that is would take about a year to finalize everything taking the corporate taxes being late into consideration. I felt this was an excessively long time to wait, but I have waited, and March 2016 would be one year. It is now July 2016, and I have not received the balance of $10,000 - $6,000 = $4,000 less any legal fees, nor have I heard any word about it. Also, the CPP death benefit was not part of the estate process and I was told, by my brother, that he would be filing for it on his own. I have not received that either.
I asked my brother about all of this approximately 2 months ago and he told me that he had filed for the CPP benefit, but had to give it to the estate lawyer because they found out that my sister owed $3,000 in personal income taxes he was unaware of and found no documents in her home stating she owed these taxes. I do not believe him. My sister would have had numerous demand notices to pay in her home if she owed taxes because those taxes would have been prior to the 3 years of corporate taxes that he filed. She owned the corporation, and her salary came from the corporation. I believe he kept the CPP benefit money. Also, he has done nothing to find out when the balance of the $10,000 withholding funds would be paid out.
My brother is currently in jail on a Contempt of Court charge for another matter. He won't be out for three months. The estate lawyer won't give me any information unless she gets his approval, but of course, she won't be able to contact him while he is in jail.
I feel I have the right to know what has happened to the balance of these funds without his approval. He is the executor, but the estate does not belong to him. The balance of funds belong to me. What rights do I have?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

This question sounds like I may have answered it before. If I have not let me know. If I have answered before please explain whether you are asking for a second opinion or not.

Customer: replied 1 year ago.
but I felt that your original comments in our conversation were not accurate. Why do I see Legal Ease....what is that? Why do I not see the name of an actual lawyer? I get the impression that the people answering are not experienced lawyers?
Customer: replied 1 year ago.
Did you receive my response?
Customer: replied 1 year ago.
I would like a second opinion and the name of the lawyer who is helping me. What is Legal Ease? Some of the comments you made were not accurate.
Customer: replied 1 year ago.
I have been charged another $20. Why?
Expert:  Debra replied 1 year ago.

I am a senior lawyer but the lawyers on this site certainly do not use our real names. That would not be prudent and possibly not safe.

You are not going to get anyone's real name on this site.

You should retain your own lawyer if that is what you need.

I am a senior lawyer and my answers are accurate. I can assure you of that. Most of this is very basic for a lawyer.

I will opt out.

Customer: replied 1 year ago.
The lawyers advertised on the site's home page use their real names. I have used this site for medical advise, and got the name of an actual doctor plus a photo of him, so what you are saying is not true. When I see "Legal Ease" I have no idea if I am getting accurate professional information.
Customer: replied 1 year ago.
To add, while responding to the first comment from this website, I received a live chat from a legal assistant, not a lawyer, but assistant. She wanted me to repeat everything I already sent in written form. When I asked her why I was chatting with a legal assistant, she said the states differ and wanted to know what state I was in. First, I sent my question in and paid for it as a Canadian question. I am very confused and did not need the snotty comment made by the lawyer in the last posting.I have used this site before for medical and legal advice and was very happy with the information. I cannot say the same for this time.
Customer: replied 1 year ago.
I have not received an response yet, and it has been 24 hours. I had asked this question a second time because I thought that possibly because I didn't pay as much the first time I didn't get an expert to answer the question. I was hoping asking the question a second time, and paying more for the response, I would get and expert, but I didn't. When Legal Ease responded the first time, they did not even ask me what province I lived in Canada, but still gave me an answer. Then in one of the responses, the word "two" was used instead of "too" in a sentence and that, in my opinion shows writing of an unskilled person. If I don't hear back from someone regarding my question by tomorrow, then I will be asking for money back.

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