I'm the executrix of my mother's estate and I've inherited the house and land it's on. Except for a portion that is

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Customer: I'm the executrix of my mother's estate and I've inherited the house and land it's on. Except for a portion that is supposed to go to my brother. My sister lives right next door. She built a shed and a fence onto my mothers land, which is now mine. She refuses to move it. I've sent her a registered letter giving her 30 days and no more. I've spoke with the court in this area, they sent me to the peacekeepers (Kahnawake) who suggested I find a lawyer. I need it moved so I can get house insurance. I can't get house insurance while it's there. I can't apply for a mortgage to settle my mothers estate if I can't get house insurance. She is literaly bankrupting me. Since sending the letter, i'm not sure what i can or cannot do moving forward. I also would like to know if I sell the estate, am I selling the whole estate or only what I inherit since it's not settle yet and selling is an option for me to settle the estate.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Canada. Quebec
JA: What documents or supporting evidence do you have?
Customer: i have my mothers will, and bank documents. I sent my sister a registered letter and notice from the insurance company that the shed needs to be moved before i can get the insurance
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 think that's all I need right now, i'm sure ill have more questions as we move along.
Answered by ToLawyer in 1 min 1 year ago
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ToLawyer
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ToLawyer
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ToLawyer
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Jessica

Jessica

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ToLawyer, Expert

Welcome and thank you for choosing Just Answer! My name is***** am a lawyer in Canada and would be happy to assist you. I am sorry to hear about your legal troubles.Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.
Customer
Okay, i'll have my phone with me all day to check the texts. Thank you.
Customer
i'll be happy to wait for the text or email, thank you.
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ToLawyer, Expert

You will need to apply to the courts for a declaration that the land is yours. Do you have a survey of the lands to prove where the property line should be?

Customer
i do. She knows and admitted to put the items on my mothers land and taking advantage of her at the time.
Customer
she didn't ask my mom if she can put the shed and fence up when she did it. So I need to know how I get her to move it, or can I move it, say just flip it on her side of the property line or can I confiscate it cause it's been part of mom's side of the property for a long time. Since I inherit the land it's on and everything on it, and it doesn't say no where that it's hers.
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ToLawyer, Expert

You should retain a local litigation lawyer to assist you with an application in civil court. There needs to be 1) declaration that the land is yours and 2) declaration that she is trespassing and she needs to remove her shed and fence.

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ToLawyer, Expert

I would not take any self-help actions in destroying/moving the property. That is not a good idea.

Customer
that's what I wanted to know too... my other questions is if there is money owed on the estate, ie mortgage.. and me and my brother are named, does he have to pay for the mortgage as well or just me, since i'm the one she named as taking care of everything? so if I sell the estate, am I selling only my share or all of it?
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ToLawyer, Expert

No, the trustee and beneficiaries are two different entities (though they may be the same person). The benefices will get everything the estate is worth according to the Will, the trust is supposed to administer the credit and debt.

If you need to pay for debts, it should come from the estate (both you and your borther's shares).

Customer
if there is a mortgage left, both of us should be paying it to settle the estate and get our inheritance as the bank won't release any of the land til it's settled of course.
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ToLawyer, Expert

Yes. Alternatively, you can sell the property and repay the mortgage.

Customer
if I sell the property and pay off the mortgage, do I have to give him anything or just what the land is worth as there is no buildings or anyting on the part he's supposed to inherit?
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ToLawyer, Expert

You have to provide him with a percentage of the proceeds of the land he is suppose to inherit.

Customer
what is that percentage?
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ToLawyer, Expert

It is whatever the Will says.

Customer
Thank you for your help. I'll see about getting a civil lawyer and moving forward. Your time was very much appreciated.
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ToLawyer, Expert

You are welcome. I have been happy to assist you with this question. If you have further questions in the future, you can always open a new question and request me to answer it. Best regards.

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