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10/1/2017
VerifiedHello! 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.
I am sorry to hear this.
Are you saying that the person who is holding the money has the money in their own name. Was this done to avoid probate?
Whomever the executor is doesn't matter then because this money does not form part of the estate and the executor would not have authority over it.
Rather, you will have to compel the holder of these funds to release the funds through a lawsuit if they will not agree to do so on their own.
But, they are not wrong in holding the funds until the estate is wound up. The reason why is that if the estate has debts or owes taxes the CRA and/or the creditors can come after the person holding the funds and even all of you if you get the funds because the transfer to this person will be set aside if there it not enough money in the estate to pay all debts and taxes.
Does that help clarify the law?
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.
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