I am one of the beneficiaries of my mothers will. My brother is the POA and my sister is below him if anything should

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Customer: I am one of the beneficiaries of my mothers will. My brother is the POA and my sister is below him if anything should happen to the brother. I have almost begged for a copy of the will which I finally received. I have asked for a progress update and expected date of payout but am not receiving it. I have left the family because of power / control abuse and they are playing games with me. What can I legally do without spending thousands of dollars?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: in canada
JA: What documents or supporting evidence do you have?
Customer: Emails, text messages, copy of the will
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My bother passed away in Nov 2017 and he had no will so everything went to his next of kin which was was my Mom. My Mom had Alzheimers, so my brother applied to act as the administrator which was granted. My mother passed away a year ago so everything goes to her beneficiaries named in th e will. The whole process has been in the works for almost 3 years. My brother tells me it is complex..
Answered by ALLawyer in 8 mins 1 year ago
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ALLawyer, Expert

Hi, my name is***** am a lawyer in Ontario and will be assisting you with your question today. Please be advised that I am answering from my cellphone, and if I do not respond immediately, I kindly ask for your patience.

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ALLawyer, Expert

Before we begin, please note that this discussion is for providing general information only. It is not detailed or necessarily specific legal advice, and is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

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ALLawyer, Expert

Please also be advised that I may be working or doing personal tasks while answering questions on JustAnswer, and as such I may not respond immediately. Your understanding is appreciated.

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ALLawyer, Expert

May I ask what province you are in?

Customer
Alberta. Will is in Manitoba
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ALLawyer, Expert

If you are one of the beneficiaries of the estate, you can apply to the court in Manitoba to ask the Court for an order passing accounts.  That is, they will order the estate trustee to provide proper accounting and information on the estate.

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ALLawyer, Expert

This means that the executor will need to show the court everything that has gone in and out of the estate while he or she was executor

Customer
Courts cost lots of money though.. right?
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ALLawyer, Expert

as a beneficiary, you can also ask the court to have a person removed as executor. However, a court will only remove an executor if it determines that their removal is justified. The Court will not remove an executor simply because the beneficiaries disagree with some of his or her decisions.

An application to remove the executor is not without risks though, so do be aware of this. The court may find that the legal costs relating to the application be paid by the estate, the beneficiary personally, or by the executor depending on the circumstance.

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ALLawyer, Expert

depending on the lawyer, court can certainly be expensive

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ALLawyer, Expert

Does this assist in answering your question?

Customer
I guess I will try begging for the progress update as they planned because I'm not going to court. Thanks
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ALLawyer, Expert

You're welcome.  This question will now be marked as complete. If you are satisfied with my answer, please consider giving me a positive review.

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ALLawyer, Expert

Thank you for using JustAnswer, all the best.

Customer
Thanks
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ALLawyer, Expert

No problem.  Have a great night.

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