There are 4 of us in our mothers estate. Our mother died without a signed will. The will we have (unsigned) has the 4 of

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Customer: Good afternoon, there are 4 of us in our mothers estate. Our mother died without a signed will. The will we have (unsigned) has the 4 of us divide her estate equally, 25% each, and that all named beneficiaries in investments or annuities be made payable to the estate. Our oldest sister received 37% of our mothers estate as a named beneficiary over a year ago, as it has taken that much time to get the 4 of us named as estate trustees. Now the remaining funds from our mothers estate have been made available to the estate. But our oldest sister, is not co operating in signing cheques to distribute money to the CRA, other estate debts, or to the rest of her siblings. She doesn't respond to emails or talk with us. Is there any course of action we should consider? On a side note, the day after our mother died, she went to our mothers home and removed her personal safe, and had it opened by a lock smith before I could arrive at the house to help her with it. Because of her knowledge of the will and it contents, the rest of us believe she had motive to find the signed copy of the will and destroy it. When I arrived at the house that evening, she passed me a bag of papers, and announced there was no will in the safe.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: We are in Ontario
JA: What documents or supporting evidence do you have?
Customer: We have a copy of our fathers reciprocal will and the invoice for the wills done at the same time. It was a*****to the lawyers from there home, so it would be unlikely that they didn't sign together.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is about it.
Answered by Debra in 11 hours 3 years ago
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Debra
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Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Let me know if you need more information, or send me the service offer(s) so we can proceed.
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I would d like my answer by email. I do not have a phone plan or any money on my phone account. Thank you.
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear of this difficult situation.

Has anyone called the lawyer's office?

Customer
No, I thought I would try this first. The lawyer who helped process the paperwork to make us all trustees is aware of the safe situation, but said she would have to recuse herself from moving forward if we wanted to go that way. We just wanted things to progress, so we didn't do anything at that time.
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Debra, Expert

But she has to be asked if she has the original of the latest Will or a copy.

This has to be your first step.

If that doesn't work you will need your own lawyer because what you suspect is a that a criminal offence has been committed that is actually very serious.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
My brother doesn't think it is criminal because she had a key to the house and any locksmith can open a safe without knowing who the owner is. She has already told us there was no will. What I need to know is how do we relieve her as an administrator since she is signed on ,but not co operating. And , how does Ontario estate law view an estate without a will. Does it divide everything evenly, or does it give assets to named beneficiaries , and then divide the remaining assets evenly between every one? My understanding of estate assets includes every thing, including assets with named beneficiaries. If you could answer these questions, I would be happy to give you a stellar rating.
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Debra, Expert

It is criminal because it is fraud. No one is saying she is guilty of break and enter or theft.

If the kids were on joint accounts the money still vests in the estate unless your mother provided very clear intentions that money would vest in whom is on the account.

These days for her to do that she would have had to sign a document deal with right of survivorship with the bank.

If there is no Will and no living spouse the children inherit equally.

Customer
I am still a bit confused. Is the money our sister received in the annuity part of our mothers total estate assets. She was the only named beneficiary on the annuity. Or is it not counted in the total assets. How do we have our sister removed from being an estate trustee (administrator) to leave just the remaining 3 as trustees (administrators)?
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Debra, Expert

If your sister is a designated beneficiary on a registered account then she gets the money.

But if she is only on title jointly she does not.

You would need to have her removed by way of court order by proving she is not adhering to the terms of the Will or her legal obligations.

Customer
I don't see sweet potato fries. Do i get regular?
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Debra, Expert

I don't think you meant to text me!

Customer
Correct, that was meant for my wife
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Debra, Expert

I would prefer sweet potato fries as well!

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