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I am an executor for my mother's estate. She wrote a will
i am an executor for my mother's estate. She wrote a will that is inconsistent with her stated wishes regarding the cottage. I got agreement from the beneficiaries in March for a valuation of the cott… read more
Ulysses101
Ulysses101
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LLB
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I have estate questions. Ontario I need a good legal
X and Y (trustees) are siblings, and their parents left their estate including a cottage in trust for the beneficiaries. Mom passed in 2001 and X claims she helped dad with taking care of the cottage until he passed in 2013. Y was never interested in the cottage and only visited twice since dad passed away. The Family Trust was to receive certain amount of money for maintenance and bills. X claims she used that for the maintenance of the cottage and would constantly send receipts and spreadsheet of what was spent and what was done in the cottage. X said she was the one who paid for dad's funeral with personal money because Y was not working at that time and she never complained or asked Y to pay. The cottage went into a Trust starting in 2001 and X said she remember signing the papers, but she did not receive a copy of the Trust until 2016 when her own lawyer for her own Will discovered it. She thought she was part owner. The Trust documents were not given to Y when he got Dad's Will. The Trust stated that ... when the eldest turned 65 years (i.e X) the Trust would change to the beneficiaries, 1/4 each to Y and her 3 daughters. X claims she had asked lawyers what to do and they all suggested to make sure she get an accountant as Capital Gains or Land Transfer could be a lot. She asked Y for help in figuring out what steps to be taken but before then Y had previously sent me an email asking why X haven't transferred it and an accounting of the money. Sometime in 2021 Y sent X an email from his lawyer who stated that X was stopping the proceeding of the transfer and they would take X to court. X was advised by her lawyer check with an accountant before doing any transfer. Her lawyer also told her to transfer from Trust to beneficiaries wasn't too difficult but would cost $3-5,000 and could trigger Capital Gains, etc. X stated that she was mostly at the cottage during the covid, and she still have her house in the city, and there has never been a change of address. This got Y angry and in late 2021, Y through his lawyer sent X court suing her. Anyways, the court date was set for early 2022 and at the last minute it was cancelled for attendees. Court required the financial statement of the Family Trust and to get an appraisal of the cottage. X did that and the cottage was appraised at $650,000. X through her lawyer sent the appraisal to Y and her lawyer and until now they never replied. 2 out of 3 of X daughters have transferred their share of the cottage in writing to their mother as a gift because they are not interested. X claims she spoke to her lawyer few days ago and he said he was ready to give up this case (she found out before now her lawyer and Y's lawyer are buddies), so she is not sure if this is the reason for his email, but she is not ready to continue with lawyer because she feels he does not have her best interest. X have spoken to a mortgage broker and until there is a Bill of Sale, she is unable to get a mortgage. X goal is to get this over and to own the cottage and she is willing to pay the apprised amount. This is the facts … read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
Verbal agreement between siblings over a family cottage.
Verbal agreement between siblings over a family cottage. Agreement was set for three years and is now over 7 years. … read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
My separated spouse and I wrote a domestic separation
My separated spouse and I wrote a domestic separation agreement without legal advice in the province of Ontario. He later offered to buy me out of our cottage which is located in the province of Quebe… read more
KeacheaD
KeacheaD
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LLM - Intellectual Property & Technology Law
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I am the executor of my fathers estate, I live in the estate
I am the executor of my fathers estate, I live in the estate home, I had an appraisal done, Can I offer the appraised amount and accept it without consent of the other beneficiaries? who are my siblin… read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
In Ontario, can a tenant-in-common sell share to another
In Ontario, can a tenant-in-common sell share to another tenant-in-common without knowledge or consent of other co-owners? (In this case, three siblings each own 25% of inherited family cottage, and t… read more
Debra
Debra
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Doctoral Degree
145,077 satisfied customers
How much does it cost. It is about buying 1 sibling out of a
it is about buying 1 sibling out of a cottage while there are liens on the cottage from the CRA … read more
Debra
Debra
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Doctoral Degree
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I have a question about a Nova Scotia co-tenants agreement
i have a question about a Nova Scotia co-tenants agreement between 4 siblings for a cottage in Nova Scotia. … read more
Debra
Debra
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Doctoral Degree
145,077 satisfied customers
A JTWOS owner is interested in removing themselves from a
A JTWOS owner is interested in removing themselves from a 50/50 ownership of a cottage located in Ontario. Sticking point is the establishment of a value.....formal appraisals vs real estate agent eva… read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
We have a family cottage built by my parents. There are 3
We have a family cottage built by my parents. There are 3 of us; all married. My parents wish to bequeath the cottage to the 3 of us. This is the background: The youngest of the three of us lives in F… read more
Debra
Debra
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Doctoral Degree
145,077 satisfied customers
I wish to sell our cottage (North Kawartha, Ontario) to a neighbour,
I wish to sell our cottage (North Kawartha, Ontario) to a neighbour, privately. She wants a letter stating that she has first refusal to buy our cottage. I am afraid that she will use this letter to p… read more
Debra
Debra
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Doctoral Degree
145,077 satisfied customers
I am my mothers executor. She died Nov 2012. In her will she
I am my mothers executor. She died Nov 2012. In her will she stated that I could buy her cottage in Ontario for $100,000 less than value. I purchased her cottage in 2010 with a clear deed. My brother … read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
My three siblings and I were bequeathed a cottage in Ontario,
My three siblings and I were bequeathed a cottage in Ontario, each of us now own 1/4. My youngest brother has offered his 1/4 to the three of us for sale, unfortunately at an unreasonably high amount.… read more
Debra
Debra
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Doctoral Degree
145,077 satisfied customers
Ontario Estate Law: What is the definition of "personal use
Ontario Estate Law: What is the definition of "personal use and enjoyment" when it comes to estate property? If someone is left a cottage under those conditions and chooses to rent it out periodically… read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
Hello, I have a question about estate planning. My parents
Hello, I have a question about estate planning. My parents live and own several properties in Ontario but are tired of managing them and would like someone in the family to take ownership of one or mo… read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
hi my question is When our dad passed away in 1993, he had
hi my question is: When our dad passed away in 1993, he had no will, but there was a cottage in minden ontario that he owned. The cottage was in his ex-father inlaws name (Robert Kenny). Our father ha… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,755 satisfied customers
I am currently in divorce proceedings with my wife. Our
I am currently in divorce proceedings with my wife. Our matrimonial home was recently appraised at $650,000.00. Thru her lawyer, she made an offer to allow me to purchase the property at 650k. I count… read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
I am going through a sepparation now. I left the house Jan.
I am going through a sepparation now. I left the house Jan. 2008. We have agreed that she will take the house and I will take the cottage. Both are debt free. She ahs $300,000 in RRSP's and I have $13… read more
Debra
Debra
Lawyer
Doctoral Degree
145,077 satisfied customers
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