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A couple of questions regarding probate in Ontario Canada,

Customer Question
A couple of questions...

A couple of questions regarding probate in Ontario Canada

Lawyer's Assistant: Estate laws vary by state. What state are you in?

I'm not in the States I'm Canadian

Lawyer's Assistant: What documents or supporting evidence do you have?

The notorized final will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Both me and my brother are designated as executors mutually or individually. The House and property of my late mother was put into joint ownership with myself before her passing. It is more a matter of selling other assets i.e furniture/ china/ tools/artwork etc..

Submitted: 11 months ago.Category: Canada Law
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9/14/2017
Lawyer: Debra, Lawyer replied 11 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,961
Experience: Lawyer
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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.

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Lawyer: Debra, Lawyer replied 11 months ago

I am sorry for your loss.

I don't see a question here though.

Please explain the basic facts and what information you need.

Thank you.

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Customer reply replied 11 months ago
My Mother Barbara Ann Jean Weir passed away January 29th 2016. I, David Arthur Clayton Weir have since been trying to deal with the estate. I will quote some of the will -
REVOCATION
1. I REVOKE all Wills and Codicils previously made by me.JOINTLY OWNED PROPERTY
2. I declare that my interest in real property (then there is the address and a PIN #) which I own as joint tenants with with my son, DAVID ARTHUR CLAYTON WEIR, shall pass to my said son by right of survivorship at my death.I have gone out of my way to have an appraisal report of personal property done and to access all other assets to the best of my knowledge and sent to my mothers lawyer. It seems that my brother hasn't had the time or wherewithal to come and sign off for probate (only been a year and eight months now)!! My parents had investments that are of the order or magnitude that probate was deemed necessary. I am trying to get the property ready for sale in the spring - which means an awful lot of decluttering and removal including the sale of items. My brother is trying to say that I can't sell any items because we haven't had probate yet. Says I could go to jail if I elect to have an auction yard sale etc.. yet he is the one seemingly reluctant to do anything about all of the material goods that need to go. I can't ship two tractor trailers full of stuff to Alberta. I literally have 4 households worth of stuff here. My mom's dads stuff, my mom's great aunts stuff, my dads parents stuff, let alone their stuff.I guess my main question is what can I do to "force - not the best word" my brother to finally sign off on probate. Furthermore could I really end up in jail if I sell items despite we are the two people named in the will as executors??Appointment of Executors, Trustees
3. I NOMINATE AND APPOINT as my Trustee or Trustees and Executor/Executors under this my Will my sons DAVID ARTHUR CLAYTON WEIR and KENNETH JOHN MAXWELL WEIR, and I hereinafter refer to my Trustee or Trustees individually or collectively, for the time being and from time to time, as my "Trustees".And it goes on - TRANSFER TO MY TRUSTEES/DEBTS/CONVERSION/RESIDUE/GENERAL TRUST
Lawyer: Debra, Lawyer replied 11 months ago
Hi sorry to hear of this very difficult and almost ridiculous situation. Here you have your brother who is making threats to you when he is the only one that is doing anything wrong here.First, of course you cannot and will not go to jail. This is not a criminal offence and people only go to jail for serious criminal offences.It is your duty to deal with the estate and so you should be cleaning out the house and not listening to your brother.At the same time, you should also proceed to court. It's not acceptable for your brother to delay probate for this long. It was not your mother's wish. So proceed to court and have the court remove him as executor so you can deal with this estate.Does that help as a starting point?
Please feel free to provide me with any follow-up questions that you may have. If you do not have any follow-up questions I hope that you feel I have earned a five star rating. However, if you do not feel that I have earned this rating please do not hesitate to let me know how I can better assist you. Finally, please know that even after you rate me I will still be here for you and you can ask me further follow-up questions at no further charge.
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Lawyer: Debra, Lawyer replied 11 months ago

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

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