My brother died intestate (in ontario)... he did not

She has not (yet)... relations between my mother and the deceased's spouse are every poor... I believe that the spouse wants to be estate admin but, from what I understand, she also does not have the funds to retain a lawyer to do so... She is aware that the estate is (net) in the red and that there would be nothing left over once debts are covered. The reason my mother would want either herself of me to be estate admin is because she suspects that the spouse (if estate admin) will be biased in her own interests rather than ensuring that 2 debtors are covered.

Sorry I could not get back to you sooner... That does help a lot, since some of my research yielded unclear answers. I hope can ask some questions to further clear up what I know so far...
Q1: I take it that an Executor/Estate Admin/Estate Trustee is essential and must be chosen before any creditor can file a claim against the estate of the deceased ? (ps. what is the correct term ?)

Q2: Typically, what is a range of cost that an attorney would charge to probate the estate - I know it can very but if you have a guideline/range either in $ or attorney approx hours that would be helpful...

Q3: My mother's accountant stated that, If no one steps forward to become estate trustee, that CRA would, by default step in after some period, and assume this role ? Is that an accurate statement - if not what would happen if no one became estate admin/executor/trustee ?

Q4: I read online at www.advisor.ca that the order of payment from the estate is as follows: 1st- Secured Creditors, 2nd- Funeral Expenses, 3rd- Estate Administration Exp, 4th- Debts with Legislative Priority, 5th- Taxes, 6th- Unsecured Creditors... though the website said that this general order varies between provinces as also does if federal vs state taxes comes before or after unsecured creditors... What is the correct order in Ontario ?

Q5- The same article stated that debts with legislative priority can include anyone who was a dependent on the deceased (such as spouse or child) ? In Ontario, is the spouse and child entitled to a share of the estate or is it just the child ? How does that work ?

Q6: One large complication in all this is that my brother received a Loan of 50,000 from my mother to put a deposit on a food concession truck and he dies before the truck was completed. The final amount was to be about 75,000 and my brother had secured a loan form a family friend for the difference but never paid it. I contacted the business who was making the truck for him and (over the phone) they sounded like they wanted to help and stated that they could use the present unfinished truck to fulfill another truck order in the new year and, once receiving payment from that customer, that they could refund all the funds that my mother sent to them... HOWEVER... they have been very remiss about confirming our conversation to an email... In the WORST CASE, if they had to be sued for those funds - how would that work ? I take it that whoever was estate trustee would decide if that would be done and sue on behalf of the estate of the deceased ? If the spouse was the estate trustee would she have the discretionary power to deem that recovery of those funds may "not be worth spending money on" and decide to not sue and leave my mother (and I) with a huge unrecovered debt ?

I know this is a lot of questions, but it seems the more I find out, the more questions I have. If you think this would be easier to do over the phone, let me know as well as a good time to contact you and I can pay the fee for the call.

PS - Where in Canada do you practice ? In Ontario ? if so, where geographically ?

Thank You so much for your assistance.

Regards,
Vladimir Trbulin
616-834-6025 (Cell)

Q1: I take it that an Executor/Estate Admin/Estate Trustee is essential and must be chosen before any creditor can file a claim against the estate of the deceased ? (ps. I have heard all 3 terms used - which is the correct one ?)Q2: Typically, what is a range of cost that an attorney would charge to probate the estate - I know it can very but if you have a guideline/range either in $ or attorney approx hours that would be helpful...Q3: My mother's accountant stated that, If no one steps forward to become estate trustee, that CRA would, by default step in after some period, and assume this role ? Is that an accurate statement - if not what would happen if no one became estate admin/executor/trustee ?

OK got it...