My brother (Rick) living in Mississauga without wife or children, any only one sibling in Ontario (me) passed away in

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Customer: My brother (Rick) living in Mississauga without wife or children, any only one sibling in Ontario (me) passed away in 1919, and 3 weeks later our Mother, residing in Winnipeg, passed away (at the age of 101). Our father died in 1987 so our mother is the sole beneficiary. A sister in Winnipeg has been named administrator of Mom's estate. (Sister has a cerebral palsey child and other financial proplems- reasons for the delay).Rick's sole financial holdings is a bank account with a balance of about $20,000. No vehicles nor real estate.What is the procedure to get Rick's funds into Mother's estate so that Sister can administer.Must there be an Ontario resident (me) to administer Rick's estate; In which case is it form 74-19 that sister must sign as administrator of Mother's estate?Whew!
Thanks so much!
Ken
JA: What documents or supporting evidence do you have?
Customer: Death certificate.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by ToLawyer in 2 hours 1 year ago
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ToLawyer, Expert

Hi there, my name is ***** ***** I am a lawyer pratcing in Ontario. Please note that this is legal information only and if you need legal advice, you should retain a legal professional you are comfortable with. That being said, i will try my best to provide you with some sound information.

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ToLawyer, Expert

I am assuming your borther has no will?

Customer
Correct he has no will, sorry, I missed including that. Also he passed away in the Philippines, but I'm guessing that make no difference.
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ToLawyer, Expert

It doesnt really matter where he passed as long as there is a valid death certificate. To transfer any funds out of your brotherˋs estate, you need to apply to be an estates trustee. In this case, you will be applying to be an Estates Trustee without a Will. Normally I do not recommend going through this without representation, however there is no requirement to have a lawyer.

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ToLawyer, Expert

In general terms, you need to 1) fill in the application 2) obtain consent from all individuals who have prior and same priority to you to be an estate trustee 3) serve all the benificiaries and 4) pay the estates administration tax

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ToLawyer, Expert

In this case, you are first in priority because there is no wife, children or parents, but you need to explain that in the application. A detailed explaination and step by step guide can be found here: https://www.attorneygeneral.jus.gov.on.ca/english/estates/how_to_apply_for_probate.php

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ToLawyer, Expert

Please let me know if you require further assistance. If i have successfully answered your question, please consider giving me a review!

Customer
Thanks for analyzing my not so simple request and replying promptly.
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ToLawyer, Expert

Not a problem. Good luck!

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