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My parents (in their 80s) moved permanently from Canada to…

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My parents (in their...

My parents (in their 80s) moved permanently from Canada to Israel a few years ago to be near relatives. Most of their assets are in Montreal. They did one will in Israel to cover their assets in both countries. Each will leaves some assets to the children and some to the surviving spouse. None of the children live in Canada. Questions:What will be the procedure for the Israeli will to be honored in Quebec? Would it be advisable for them to have a separate will for their assets in Quebec/Canada?

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

The will of each parent, plus financial statements from the banks and brokerage houses in Canada.

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

Yes. Parents are still alive, but are wondering if they should get a separate will for Canada, and (if they do) should they get an Executor in Canada?

Submitted: 1 month ago.Category: Canada Law

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10/24/2020

Lawyer: Debra, Lawyer replied 1 month ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 128,495

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Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

I hope your parents are keeping safe. It is a worrisome time.

Are any of the kids in Montreal?

Customer reply replied 1 month ago

To clarify citizenship and residency: All 3 children have triple citizenship (US, Israel, Canada). Two of them reside in Israel, the other resides in USA. One parent also has the same triple citizenship. The other is a dual Canada-Israel citizen. We are trying to figure out how to protect the future estate, which is primarily in Canada (province of Quebec).

Lawyer: Debra, Lawyer replied 1 month ago

Your parents should have a separate will that adheres to the legal requirements of Quebec.

The problem is that they really need someone resident in Quebec to be their executor. It is not prudent to have the child that lives in the US be the executor and definitely not for the children who live in Israel to be the executor.

There is a non-resident executor there can't be serious tax consequences and on top of that the executor would have to post a bond.

Does that clarify the legal issues for you?

Lawyer: Debra, Lawyer replied 1 month ago

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer reply replied 1 month ago

Please don't mark it as complete. We have some follow-up questions, which I should have for you by Tuesday.

Lawyer: Debra, Lawyer replied 1 month ago

Sure.

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