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If executor of will is abusing power…holding $100,000 in estate for later self & refusing headstone pay…?

On April 30, 2009 / By Real Estate Law Help / In Real-Estate-Property-Law

BTW - this is in Canada

Would not even repsect only request of deceased sister for funeral arrangement to have 3 days in obit…had to fight to get her to pay for two days…now lies about getting headstone for sister…did not buy…got 100,000 for self too…not in will…but she is a sibling so law allows split with all sibling, but each got 100,000 and this person’s lawyer said she could keep $100,000 in estate as well ($400,000 in total - 3 siblings)…but for no purpose…only expense is executor’s lawyer…and later a property left in will as lifetime ownership to brother will be sold after death…but will states those expenses for real estate agent, etc, to be paid from profits of property so no need for money kept aside for that…

I did not like how many things were done incl her abusing POA and obtaining only near end of sister’s life,…deceased refused POA to her until the end, went against other family members wishes and even some nurses in last days for care to hasten death and now I have discovered this person tried to borrow money from both the deceases sister and living elderly brother…both refused … now finding out that this woman took sister to her bank to close out account meant for other people in will only year before her death…manipulated her out of leaving money to others. BOTH living siblings too sick to understand what she is up to…did not hire or meet with any lawyers at all…too old to even question about tombstone. Other relatives in will not given anything that will dictated…BUT IT WENT THROUGH PROBATE. I thought probate would look at it…but perhaps with no objection, it just let it pass.

What is the ramification…does someone have to get a lawyer to challenge her behaviour and even refusal to buy tombstone…I have no money for that…is there a place to report…other siblings are both very sick and elderly…cannot understand any of it at all…
4H - we do have some legal aid…but this would not be to ask for assistance for me…I wouldn’t go after what was meant for me or my kids in the will…I won’t act like her…I just don’t want her to deny the tombstone or for her to shelter money for herself for after her older siblings die…so I’m assuming that legal aid would only represent my interests…and the elderly siblings are just too old to do anything on their own behalf…one home bound and the other with dementia, etc., but I have not got any POA yet…so could not act on their behalf or I certainly would.

One Response to “If executor of will is abusing power…holding $100,000 in estate for later self & refusing headstone pay…?”

  1. H4 said:

    Apr 30, 09 at 7:03 am

    I don’t know how it works in Canada exactly but it does sound like you need a lawyer. Unless you can contact directly the court that deals with administrations of wills.

    Try calling lawyers and ask if any of them will do an initial consultation with no fee to determine what can be done…if you do end up having to pay and the executor is found in the worng, I expect the legal fees would get taken out of the estate.

    Do they have legal aid in Canada?


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