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I have a question regarding my deceased aunts estate. BC. I…

Hello! I have a...

Hello! I have a question regarding my deceased aunts estate.

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

BC

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

I have a copy of the will, I also *had* copies of her TFSA designation papers and Tangerine account information. This has so far been a very messy and confusing situation from the beginning but my biggest issue as of this moment are the TFSA accounts

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

Yes. I am named the beneficiary of 3 TFSA accounts- not in the will but on the accounts themselves. According to what I have read and a retired lawyer I spoke to this afternoon in BC those TFSA accounts are exempt from probate and payable to me immediately, not assets of the estate. The executor is being less than cooperative with me as she does not have a full understanding of what’s going on. She keeps insisting on converting them over to the estate. I need to know what I can do and what documents I need to get this done. I am also an American citizen. I am only in BC until Friday I was hoping to get the ball rolling before I left (I understand it’s a process that takes time).

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Answered in 9 minutes by:
5/17/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,514
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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I am sorry for your loss. You are completely correct.

She cannot make them part of the estate as they are not and she has no authority over them as the Will does not apply.

You just have to prove who you are and provide a death certificate and the money should be immediately payable to you.

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 2 months ago
How do I get a copy of the death certificate? This has been a complete nightmare. No one told me my aunt has passed until last Saturday, it happened on March 5, and by them time I got up here (I live in Ohio) her apartment had been ransacked and things are missing and who knows what was taken. Worst of all she laid in a funeral home for 21 days before she was cremated because her estranged husband (who died a few weeks after, drank himself to death) didn’t pay the bill. His brother and wife only contacted the executor and myself because they wanted into her bank account. She didn’t have anything, just the TFSA accounts that I am the beneficiary on. So I digress. How do I get the death certificate and I personally do not want the executor dealing with these any longer. She doesn’t know what she is doing. I have advised her to retain legal counsel for the estate since I arrived Monday and she still has not. She hasn’t done any of the necessary paperwork or claimed the death benefit, nothing. In my opinion she is unfit. But it’s my understanding that the dealings of the estate are none of my business so I am no longer concerning myself with that matter, I would just like to protect the assets that were intended to come to me at this point.

If she won't give you one you can call the funeral home. They may give you one.

Otherwise you have to order it.

But if she has already approached the bank or investment company they likely have a copy so I would start with them.

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Customer reply replied 2 months ago
She has not. We were supposed to go to the local branch in Vancouver tomorrow and she called me and said she had called them to ask questions about transferring it into “estate mode”, which infuriates me because as we have discussed that is NOT what is happening, and they said she wouldn’t be able to talk to someone until Tuesday. I fly home Friday and I feel that she is lying because I used to work in banking and it really should be as easy as us going into the branch with the death certificate and my identification and having it transferred into my name. Because I don’t qualify for a TFSA it will have to be cashed out and really I would prefer it be done while I am here

I don't trust her either. I think she is lying.

So call the bank and explain the facts and ask what you need given you live out of town and go from there.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,514
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