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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a question. In Ontario. If I'm executor and

Customer Question

I have a question. In Ontario. If I'm executor and beneficiary. And investments of all 3 beneficiary is divided by name. Can the conexecuteur give my personal information to theoher beneficent.
JA: Estate laws vary by state. What state are you in?
Customer: Grandma 84 years old was escorted to the bank by sis and Bro. Ontario canada
JA: What documents or supporting evidence do you have?
Customer: Texts sent to me by my bros sating money coming out of my account. RBC gave all copies including my personal info
JA: Anything else you want the lawyer to know before I connect you?
Customer: A call from financial advisor Of other institution toilet education know he denied R.E.M. of my personal info
Submitted: 1 month ago.
Category: Canada Law
Expert:  Debra replied 1 month ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 month ago.

I am sorry for your loss but I don't understand the facts.

If you are executor and beneficiary are you asking if the co-executor can give your personal information to the beneficiaries?

And what personal information was given out exactly?

Customer: replied 1 month ago.
My investments. Transactions made from my accountThe brother got paid out in 2014. The financial advisor wanted to review his history with him. But he was in rush. History of drug problem and alcohol.He decides now that he wants to review transactions. Making accusation. But both me and grandns signs 84 year old. And RBC calls to verify with other member before processing the chequeThis week my Bro's and sis escorts grandma to RBC. RBC gave every detail they had. 32 is when we can get the rest of money. I'm 37. Since I managed the accounts with grandma I was over 32. Always gave detail of there account whenever requested.They than went to investors group. The financial advisor said due to privacy I can't give account info of Nathalie. Only the courts can order. He called me. To tell me there's a breach of privacy from RBC and RBC gave my info. Grandma is being pressureSpoke to my grandma and she had no clue they were giving my info. She regretted it telling me.We each have our own portfolio.
Customer: replied 1 month ago.
Now my brother is saying 2 cheques were paid to me - he was living at the house. Ofcourse he had bills. I have my notes and grandma was awAre. She signed offHow do I deal. I feel RBC breached privacy or at the least notify me. And no copy given to grandma. It went directly to beneficiary with false accusation. Grandma doesn't support there allegationsAnd the transactions Eric states after getting paid out in 2014 full trust fund. And had yearly transactions done. Not once brought this issue on says he didn't agree. But both me and grandns sign off. How to deal
Expert:  Debra replied 1 month ago.

I am sorry. I've read the posts and read them again and again. So many words are missing in the sentences I just don't understand what happened.

Please start again and explain what happened but with all the words included in the sentence and as little typos as possible.

Then also explain a few more things. Was your grandmother competent. If not were you appointed under a Power of Attorney?

Was the information given about about your grandmother or about you?

Customer: replied 1 month ago.
If I'm beneficiary and executeur with my grandma. Both of us been appointed executeur at my fathers deathMy brother has been paid in full agee as per will dud not want to meet with financial advisor just wanted his last cheque. 20142017 he decides to go behind my back and got my 84 year old grandma unfortunately executeur who tells me she was pressure by other two beneficiary. And RBC gave beneficiary copies of all documents. Investments for each account. Mine my brothers and sisters including banking statements.Do I not have the right to privacy? My portfolio investments and transactions should have been requested by courts order?I found out by the second institution they went to. The financial advisor gave them there own investments with transactions made. But refused to give my copies as its privacy breachI live in Canada Ontario
Expert:  Debra replied 1 month ago.

They did not have to give out the information about your own personal bank accounts. If they did this it is a serious mistake on their part and if this was on purpose it is shocking.

They did have to disclose anything about your grandfather's accounts if your grandmother instructed this. So that would include joint accounts.

If this was your own personal accounts then you can sue them for damages if you incurred any and you can also file a complaint with the privacy commissioner and there will be an investigation.

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.

Customer: replied 1 month ago.
The trust has three accounts. One for each beneficiaries my brother was paid out in 2014Me and grandma signed for any wighsdas coming out of his trust. Money owed to grandma or me the oldest. He lived with me for a whileNow he's contesting payments made 2011. But we have copies yearly. And RBC called the grandma or myself For any cheques made out. To one another making sure it wasn't fraudulent. Ontario Canada is where I live can he contest?
Customer: replied 1 month ago.
The grandma had no clue that they wanted my copies if my portfolio. If my dad had written that once we attain 32 - we can get lump sum. I'm 38. Do privacy does not take place
A beneficiary that still receives payment and one who was paid out in full can be sneaky this way ?vs letting me know? I was under the impression they heeded to have court order vs having copies of my portfolio and banking.
Customer: replied 1 month ago.
If my brother is threatening to contest 2 cheques made do me and grandma pay legal fees personally or the trust?This two cheque I have notes. Nd ofcourse grandma in the know and agreed as well that Eric was paying the rent he owed me Canada Ontario. What happens through the court when this happened action made in 2011
Expert:  Debra replied 1 month ago.

In Ontario the limitation period is 2 years which means he has to sue in two years. But it doesn't start to run until the claim was discovered.

So he can sue you for up to two years from the time he learned of the cheques.

The bot***** *****ne here is that anyone who is a Trustee owes the beneficiaries a duty of care and that does include confidentiality.

And if your grandmother was mentally competent she was free do do what she wants with her own money of course.

I don't know if I am answering fully as again I don't understand part of what you are saying with all these words missing from sentences and with the typos.

Expert:  Debra replied 1 month ago.

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

Customer: replied 1 month ago.
S the cheque he contest - he knew obviously -as he gets copies of history transactions yearly? And when we paid him out in 2014- he agreed no problems and he got his last cheque. He didn't want to meet with financial advisor to revise with him. Financial advisor took notes.I'm unsure I want to continue as executeur of sister. But if we would need o go to court with him contesting transaction- who paid lawyers or any work needed for court prep. The trust or me and grandma.If it's us out of pocket what is fee I can charge the trust and can I go in arrears
Expert:  Debra replied 1 month ago.

Again I've read your post many times. I don't understand what you are saying.

Please try again without missing words and without typos.

Expert:  Debra replied 1 month ago.

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