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Episode 1 is about giving away household and personal goods after death.
Episode 2 is about what the executor can and cannot do.
Episode 3 is about what to do when an executor is out of control.
Episode 4 is about how to be a better beneficiary.

You can listen to them- for free - by clicking here.

Let us know if there's a topic you'd like us to cover, or if you have a question that wasn't addressed in the podcast. As always, your feedback is welcome because it lets us know what's important to you.

To hear podcasts of the last six months of our radio show, The Law Show, click here.


11 comments:

  1. Hi Does any one know if in Quebec this question??
    A lady leaves her house value 750,000.00 and 500,000.00 in liquid assests to her son and daughter both in their 60's
    Do they have to close the estate before they divide the assets????

    ReplyDelete
    Replies
    1. The executors (liquidators) are responsible for all the debts of the estate. I am currently an executor for my brothers estate in Quebec. Until the final tax return is filed and you get a tax clearance certificate from the Governments, you would not want to liquidate (close the estate). Furthermore an accounting of the estate books should be given to the executors along with them signing a release letter before you close down the estate. Obviously there are other issues to the checklist, but Lynne has an excellent book "How Executors Avoid Personal Liabilities" It is a Bible for me along with having a trust lawyer I can turn too. All the best Chantal

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    2. if a spouse passes away and has made my nephew a owner of two of the family plot but since she passed he has put my dad $50000 in debt in co signing a truck and then not paying for it they don't even speak so my dad have the plot transfer to someone ele

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    3. the prev question if for someone living in quebec about the family plot

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    4. I can't tell what the question is about the family plot. Are you asking whether a person can have his inheritance removed by someone else because he reneged on a private loan? Surely not, as one thing has nothing to do with the other. Whose spouse passed away? What does your dad have to do with it? I'm sorry but I can't put it together.

      Lynne

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  2. I'm my parents executor they both died last year and where married in New Brunswick and moved to be with us the last 2yrs of their lives in Quebec. Before I became executor I asked a lawyer in NB and they said if there was no money left in their estate at time of death than it does with them. I'm their only son and I took on the responsibly now that they died in Quebec my mother owes taxes and about 4,000 in debt from her seniors home. I'm told I'm responsible to pay ??? I did everything as an excutor is to and followed all rules I don't understand how I'm personally responsible? The estate is lnsolvent the nursing home wiped out anything my mom had. I did not sign to take on their debt I signed to act on their wishes. Pls help me on this as it's a mess.

    ReplyDelete
    Replies
    1. Deborah, since you asked this question on my facebook page as well, I answered it there.

      Lynne

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  3. My father passed away in Long term care facility in 2016. He did not have will prepared. I (his daughter) had Enduring Power of Attorney. Is that document sufficient for me to be my fathers legal representative (Administrator)? My father immigrated to Canada after he retired and never worked in Canada. He did not leave any assets behind. He lived with me and I was supporting him. The question is if I can request Clearance Certificate and sign it as Administrator just by having Enduring Power of Attorney document?

    ReplyDelete
    Replies
    1. No, the enduring power of attorney ended the moment your father passed away.

      Lynne

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  4. Hi Lynne: When a parent dies and leaves the home to the beneficiaries( 5 adult children), what happens when the executor (one of the adult children) is living in the house.
    can the executor live in the house for years in essence making the Beneficiaries pay for all the house expenses, ie) Taxes, insurance, any interest on LOC against the house etc.
    This home is in BC are the laws different for each Provence?

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  5. Hi Lynne, great site!
    My dad passed away in Ontario recently while in the midst of a separation from my mom. He did not file a legal response to the divorce papers served to him, so that is still with the courts. He did change his will in order to exclude her completely (barring equalization). My brother and I are his executors, and he left all he has to his grandchildren (no guardians named). They are all minors at this point, and we were advised that an application to the courts must be made to appoint a legal guardian to represent the children's interests. Is there anyway we can avoid getting a ton of lawyers involved, and if necessary, as executors appoint a guardian? Thank you.

    ReplyDelete

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