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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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How, after the passing of ones parent, should it take to

Customer Question

How long, after the passing of ones parent, should it take to have the wishes in the will administered?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry for your loss.

When did your mother die?

Are you saying the Will gives ownership rights to the house or just a life tenancy?

And if it does give ownership rights where does your sister get the idea she can sell the house instead of passing it to you?

Customer: replied 1 year ago.
My mother died April 2, 2016. She left the house to my brother if he relocated to Newfoundland for one year. If he didn't relocate then it would come to me only if I relocate to Newfoundland for one year. Otherwise either of the other three siblings could relocate for one year and have the house. I do not really know why my sister thought she could sell the house.
Expert:  Debra replied 1 year ago.

Then your sister has no right whatsoever to sell the house. It is a clear breach of the provisions of the Will and a total disregard for your mother's wishes.

She should be told at once that if she doesn't strictly adhere to the provisions of the Will then you will seek a court order removing her from her position as executor.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?

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