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I have a question about a will - I am the executor of my…

I have a question...

I have a question about a will - I am the executor of my mother's estate, she passed away almost 3 years ago. There are two beneficiaries, myself and my sister. My sister and I are estranged. It is a very small estate, approx. $20,000 and some personal belongings. My lawyer at the time sent my sister a letter indicting what her share of the money was once all the bills had been paid - she was to sign a waiver and then I would release the funds. We never heard back from her and now over two years later, she has sent me a letter indicating she may be beginning a law suit against me to remove me as executor and that she is entitled to half the estate. I do want to give her what is owed to her but I have been told to be careful as the stature of limitations is up and if I put anything in writing the statute will begin again. I'm looking for advise on how to proceed.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

This is in Canada, Ontario

Lawyer's Assistant: Has anything been filed or reported?

No

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

No, other than I just want to finalize this, although she is entitled to half of everything, she is welcome to all of it. Prior to my mom passing away, she lived with me and my family for 4 years so she has some furniture she brought with her that is still here and some jewellry. Also, her bank accounts were in both my name and her name

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Answered in 4 minutes by:
1/17/2018
insearchoftheanswer
Category: Canada Law
Satisfied Customers: 57,213
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 7 months ago
Thank you Richard,
Just to clarify one thing, when I said she could have it all, I meant the furniture and the jewellery - I've already taken my half of the money.
thanks

Thanks for following up. I just noticed you are in Canada. As I'm a U.S. lawyer, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,014
Experience: Lawyer
Verified

I am sorry to hear this.

The limitation period doesn't necessarily apply in this case. You are holding this money in trust for her.

The way this was supposed to work is that is she refused to sign a release you would have to pass your accounts before the court and then the court would say what you did was OK and it would be the same (even better in fact) than the release.

So she is right that she can sue you if you don't deal with the estate appropriately.

You can have your estate lawyer explain to her that is she will not sign the release you will have to pass your accounts before the court and it will take a good part of what is left in the estate to do this.

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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Customer reply replied 7 months ago
Thank you. Would there be any legal issues if I were to send her a letter outlining that I would be paying her the money owing to her by check and providing her with a list of my mother‘s belongings for her to choose from?

Yes. She has not signed the release. She clearly is thinking about court so to pay her without the release being signed is too risky on your part.

I think it is well worth the estate money to pay a lawyer to send her a letter explaining all of this.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,014
Experience: Lawyer
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