I am one of three executors of a Mb.estate. One of the others has refused to give me her records of the work she has put

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Customer: I am one of three executors of a Mb.estate. One of the others has refused to give me her records of the work she has put in. How can I force the issue?
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: I live in Vancouver, BC. She lives in Winnipeg where the death took place.
JA: Do you have any court dates or documents relevant to this situation?
Customer: Yes, our lawyer in Wpg. handled the probate, etc. We are in possession of the Clearance Certificate from the CRA. I am the person who did two years worth of taxes on this estate among other things. She has refused to allow me to see her documentation of her work on this estate & is asking an exorborent executors fee.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so but I will be able to answer him once we are connected. Thank you.
Answered by Debra in 5 mins 1 year ago
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Debra
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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172434 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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172434 Satisfied customers

Jessica

Jessica

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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

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

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry for your loss and to hear of this difficult situation.

Do you still have the estate lawyer acting for you?

Customer
The Wpg. lawyer is finished with the case. We three executors are on our own now. Because we have the Clearance Certificate from the CRA, we simply have to give it to the bank which is holding the funds in the estate & they will disburse it according to the will. One of the other executors in Wpg. refuses to provide me with her documentation of her work on the estate. I want to see it before deciding on her compensation. She is the only executor who is not an heir to this estate & is holding everything up.
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Now I understand. She wants to get as much as she can as she is not a beneficiary. Now I see the full picture.

You won't be able to wind up the estate yet because something very concerning is going on. Your best next step would be for you and the other is executor who is also beneficiary to retain your own estate lawyer and bring an application to the court requiring that she provide a full detailed record of all that she did and require her to prove her entitlement to the level of executor fees that she is claiming. It would essentially be a passing of the accounts before the court.

Once you start this process it's quite likely the case that she will provide the records and she will back down in terms of her exorbitant demand.

Does that help as a starting point?

Customer
Thanks but the other executor is her father & he approves. I am her aunt; her father is my brother. Will I have to travel to Winnipeg to a court there or can I have a lawyer there attend court on my behalf? Will the Estate pay the legal fees? OR do I simply hold off until my brother becomes tired of not receiving his inheritance? He and I are the only two heirs to this estate. I was hoping that a lawyer could send my niece a letter telling her in no uncertain terms that what I want is her fiduciary duty & cannot be avoided. What you are suggesting costs a lot!
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Debra, Expert

You will not have to attend court. Your lawyer will go for you and if you did have to attend you could attend remotely. You can let them take you to court if you want. But the hope is that that one letter will do all it takes.

Customer
Could an articling student attend court on my behalf? She was left a small sum of money but no mention of remuneration in the will. She also did not know that she was an executor until the will was found.
Customer
I certainly feel that she should be paid something but am unable to decide on an amount until I receive her documentation of the work she did. I was the one who did the taxes for two years; no accountant was involved as I have had experience with taxes plus have dealt with two other estates by myself without a lawyer being involved. She is asking for more than twie what the lawyer charged for probating the estate.
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Debra, Expert

The student could not attend court on your behalf unfortunately.

Customer
Thank you for your advice. Now how do I go about choosing a lawyer in Winnipeg? I would prefer a phone conversation with that person. Another important point is I spent 3 months in Wpg. in 2020 helping with the estate, arranging the funeral, etc.& looking after no end of things; house sale, car sale, etc.,etc.. While there she did bring 3 3-ring booklets plus cell phone bills to me but never did allow me to look at them. I have typed up a 3 page list of things which I looked after.
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Debra, Expert

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.
Here is a link to the site:
https://www.communitylegal.mb.ca/programs/law-phone-in-and-lawyer-referral-program/

Customer
Debra, thank you so much for taking this time with me. You've been great.
Customer
Sincerely, Sheila
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Debra, Expert

You are very welcome.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
No, thank you.
Customer
I believe there's nothing more you can do for me, thanks.
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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.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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