Dawn Henri
asked
Lynne Butler:
I am in Ontario. It's going on one year & still no copy of the Will from the brother. One response from their lawyer saying they are going to probate. I filed Notice of Objection in Toronto. Should I file another Notice of Objection in Kitchener? I want to subpoena to show his bank accounts. I've talked with many lawyers. Am I paying retainer for this time waiting? I want to be careful about paying for no results. ??
Lynne Butler
Hi Dawn,
Have you been told that you are entitled to receive a share of the residue of the estate? If you are not a residuary beneficiary, you are not entitled to a copy of the will, so it will be a long wait.
If you have a lawyer on retainer, you should be able to ask questions of him or her about things like where to file your Notice of Objection. I would suggest that you file a Notice of Objection in the courthouse nearest where the deceased lived. If that was Kitchener, then yes file one there.
I'm assuming that the brother you mentioned is the executor of the estate. In order to get the bank accounts, you do not go by way of subpoena. What you need to do is demand an executor's accounting. Assuming that you are in fact a residuary beneficiary, you are entitled to ask for that accounting at any time during the estate administration. It will include more than bank statements. It will have a complete inventory of the estate on the day the deceased passed away as well as values on everything from bank accounts to real estate to household items.
You've said that you've talked with many lawyers. Is that because you don't like the answers you're getting from them? Or you just haven't found one you want to work with? Going from one lawyer to another like that is a terrible waste of time and money. Try to find one who knows a lot about estate law. To do that, call up a lawyer or a firm and without saying what you are calling about, ask what areas of law the lawyer prefers to work in. If wills and estates is not first or second on their list, get someone else.
When you have a lawyer on retainer, you don't pay them to "wait". They can only bill you for work that they do. If they are not doing anything but waiting, then of course you are not paying them. On the other hand, if they are calling the probate court, doing searches, or contacting the executor's lawyer to try to find out something, then you'll pay for their time.
Now, having said all that, a year after a death is long enough for something substantial to have happened in an estate. Sometimes it does take a long time to get a complex estate organized and valuated so that probate can go ahead. But this is too long, in my opinion. If there is something causing a delay and you are a beneficiary, they should have told you what is holding things up.
Pick a lawyer you can work with. You should feel that the lawyer is fully engaged in your case. Make a plan with that lawyer and move ahead with it.
Lynne
Have you been told that you are entitled to receive a share of the residue of the estate? If you are not a residuary beneficiary, you are not entitled to a copy of the will, so it will be a long wait.
If you have a lawyer on retainer, you should be able to ask questions of him or her about things like where to file your Notice of Objection. I would suggest that you file a Notice of Objection in the courthouse nearest where the deceased lived. If that was Kitchener, then yes file one there.
I'm assuming that the brother you mentioned is the executor of the estate. In order to get the bank accounts, you do not go by way of subpoena. What you need to do is demand an executor's accounting. Assuming that you are in fact a residuary beneficiary, you are entitled to ask for that accounting at any time during the estate administration. It will include more than bank statements. It will have a complete inventory of the estate on the day the deceased passed away as well as values on everything from bank accounts to real estate to household items.
You've said that you've talked with many lawyers. Is that because you don't like the answers you're getting from them? Or you just haven't found one you want to work with? Going from one lawyer to another like that is a terrible waste of time and money. Try to find one who knows a lot about estate law. To do that, call up a lawyer or a firm and without saying what you are calling about, ask what areas of law the lawyer prefers to work in. If wills and estates is not first or second on their list, get someone else.
When you have a lawyer on retainer, you don't pay them to "wait". They can only bill you for work that they do. If they are not doing anything but waiting, then of course you are not paying them. On the other hand, if they are calling the probate court, doing searches, or contacting the executor's lawyer to try to find out something, then you'll pay for their time.
Now, having said all that, a year after a death is long enough for something substantial to have happened in an estate. Sometimes it does take a long time to get a complex estate organized and valuated so that probate can go ahead. But this is too long, in my opinion. If there is something causing a delay and you are a beneficiary, they should have told you what is holding things up.
Pick a lawyer you can work with. You should feel that the lawyer is fully engaged in your case. Make a plan with that lawyer and move ahead with it.
Lynne
More Answered Questions
Dawn Henri
asked
Lynne Butler:
I have the contract "retainer" of one lawyer who offers half the rate of the others to do the estate/will dispute. Some of the terms I would like to "qualify" with my own words. But what's in future for the lawyer? Can he pay the rent on office? Will he go bankrupt? I want him to think I have full confidence. I'm trying to get loan from bank for low rate 6%. Should I wait to pay the retainer? Zoom court?
Dawn Henri
asked
Lynne Butler:
My mother passed away from cancer leaving Trusts for everyone but me. I was close with my mother. She was acting squirrelly the last few years after nearly dying in surgery. The abusive brother (assaulted, injured me) and his wife are in control of estate. Nine demands for the Will no response. I had a Trust but the brother(s) told lies to get her to take me out. How do I proceed?
Derek Ansell
asked
Lynne Butler:
I would like to know why you reviewed my book The Bradgate Heiress,’ falsely claiming it was self published.?It was published by Next Chapter Publishing, a respectable international publisher.if you are a real lawyer you should know better than to use false claims on a public post. Please acknowledge your mistake on the review. Derek,Ansell
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