I have questions about a family trust fund. Alberta / Quebec. I have documents from revenue canada with large sums of

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Customer: Hi, I have questions about a family trust fund.
JA: Estate laws vary by state. What state are you in?
Customer: Alberta / Quebec
JA: What documents or supporting evidence do you have?
Customer: I have documents from revenue canada with large sums of dividends over 3 years. these documents were filled in by my father without my knowledge or consent. I want to know what are my rights according to these funds. My father is refusing to disclose any information about this trust and has filed more than 150k under my name without my consent or knowledge.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I would like to know what are my rights
Answered by Debra in 33 mins 1 year ago
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Debra
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Customer
Hi
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Are you saying that your father set up a family trust for you and didn't tell you about it and now you believe you are having to pay taxes but you haven't received the money from the trust?

Customer
This is correct
Customer
He refused to disclose any information regarding the trust
Customer
I had to resquest documents from revenue canada to see he had declared over 35k in dividends every year since 2016
Customer
He refuses to answer questions about this claiming he doesn't have to answer
Customer
What should i do?
Customer
Is this considered fraud?
Customer
My father has filed tax returns since 2016 in my name. it took me a while to notice what he had done. since 2016 my father filed for 35K$+ in dividends every year without my consent or knowledge.
Customer
he refuses to answer my question about these funds.
Customer
he refused to disclose the information relevant to the fund in terms of accounting.
Customer
I want to know if this constitutes fraud.
Customer
35K$+ in dividends under my name*.
Customer
I also want to know what are my rights regarding this trust.
Customer
I have little information about this family trust, I think it is related to a company named Desma inc, which is part of a tax evasion scheme he set in place to hide income from the company he works for as a distributor: Pella doors and windows. He is located in Quebec,*****Regis H9P 1H6. His name is ***** *****
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Debra, Expert

How old are you?

Customer
26
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Debra, Expert

If you were 26 how is your father filing tax returns in your name? Are you not also filing tax returns? And if he's filing tax returns in your name is ***** ***** the taxes if you owe any? Do you go to university and are you there for receiving tax credits?

Customer
I worked for my father in 2016
he paid me that year in dividends from this trust. However, I stopped working for this company at the end of 2016. I was unaware of how to file the tax returns. Therefore, he proposed to file them for me through his accountant that year. I accepted his proposition. However, he never told me about dividends. He also never sent me documents about what he had submitted. When I asked questions about it I was sent insufficient information about my files. I could not access the document because I needed information on the tax returns to open and view my account. He continued to file these documents every year since 2016. I haven't been to his workshop since 2016. I did not work for him or talked to him for multiple years after 2016. I left because of his abusive behavior. Furthermore, He justifies his refusal to explain the mechanism of this family trust claiming that I cannot understand it because I am to "stupid". This culminated in me leaving quebec in 2019. At that time I was refused free legal support to stop an illegitimate eviction notice from my landlord and the time because my revenue of the previous year was too high. I decided to leave quebec for alberta. It took me about a year to recover financially from this. Since I have been in alberta, he did not file tax returns for me. I think it is because I did not inform him about my address and whereabouts. A couple weeks ago I received a statement from the Quebec revenue agency (avis de determination) stating that in 2019 he had declared 36000$ of dividends revenue for that year. I called this agency and asked to lock my account. I also called the federal revenue agency and managed to get Identified with ROE from jobs I got in alberta. Then i asked for all the tax filed under my name reaching as far as I could get. At a quick glance, I saw he filed 35K$ on average for 2016 trough to 2019 of dividend revenue. I want to stop him and I want to know my rights acourding to this situation.
Customer
according*
Customer
I am currently completing an architectural drafting certificate which I will convert into a 3d modeling degree.
Customer
I think he did pay the taxes on these dividends; I did not receive tax bills for this revenue.
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Debra, Expert

What he did was take money from the family trust and purported that it went to you because your income was lower and then paid the taxes for you.

So you weren't actually harmed but it is fraud.

Also what you need to find out is if you are entitled to the funds that he pocketed.

So you will need your own accountant perhaps but you also need your own lawyer, without a doubt.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Customer
I have one last question about the legal fees, last time I have approached a lawyer they have asked me 2.5K$ to start the process, is there a way to minimize the cost. I had a low annual income for a few years and I worry about the price of the services.
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Debra, Expert

You can ask the lawyer if they can have a junior lawyer do most of the work.

That will keep the fees down.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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