I'm looking for an estate inheritance lawyer advice from Ontario, Canada. The case is my two sons age 16 and 18 have

Expert's Assistant chat
Customer: Hi, I'm looking for an estate inheritance lawyer advice from Ontario, Canada.The case is my two sons age 16 and 18 have inherited a cottage like property but can only receive the inheritance after they each turn 23. For over a year now the executor had refused to talk to us and it had referred us to the estate lawyer.The estate lawyer had just informed us that the executor decided to sell this property instead of transferring it in trust to my husband and I (the parents), as previously agreed. My question is, how can I stop the executor of the will from selling a cottage property that has great sentimental value and it functioned much like a home for 16 years? Thank you.
Answered by Debra in 4 hours 12 months ago
imglogo
Debra
10+ years of experience
logo

168606 Satisfied customers

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.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

168606 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
Customer
Hi, I'm looking for an estate inheritance lawyer advice from Ontario, Canada.The case is the following: my two sons age 16 and 18 have inherited a cottage like property on September 2020 but the will specifies that they can only receive the inheritance after they each turn 23. For over a year now the executor/trustee had refused to talk to us or give us an accounting of his expenses and it had referred us to the estate lawyer.The estate lawyer had given us minimal financial information so far regarding the sale of two other properties without including-any information of probate, legal or his own fees. Yesterday the lawyer representing the estate just informed us that the executor/trustee decided to sell this property instead of transferring it in trust to my husband and I (the parents), as previously agreed.My question is, how can I stop the executor of the will from selling a cottage property that has great sentimental value and it functioned much like a home for 16 years? Can I apply to the court or children's lawyer to be guardian of this property until my older son reaches the specified inheritance age?
img

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.

img

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 to hear of this difficult situation.

Did the Will specifically give them the cottage?

Customer
The will states that his entire estate is to be devidec half and half between the two boys.
The estates includes the deceased home, a condo apartment, the cottage and aprox 100k in a savings account.
Customer
Thank you for your help. Apologies if I appeared impatient.
img

Debra, Expert

So actually what you're saying is that the cottage was not specifically left to the boys but they're just getting the full estate, correct?

Why is executor wanting to sell the cottage if you want the cottage for the children?

Customer
That is correct, the will states that the he deceased is leaving his entire estate to the boys and wants it to be divided equally between the boys when they turn 23. I do not know why he wants to sell the cottage; He refuses to communicate with us directly and we were asked by the lawyer overseeing the estate that we communicate with the executor through him only.
Customer
He also sold the other two properties against the will of the boys but he originally agreed to transfer the trust for the cottage to my husband and myself. I believe he has a personal interest in it but his justification to sell would be that he does not want to have the responsibility/liability of the cottage (which is an old mill bi a river) over the next five years. We offered to have the trust transferred to the parents or the boys and the parents. How can we stop him from selling? Can I apply to be a co-trustee myself? Should I write to the Office of the Children Lawyer?
Customer
Thanks again.
img

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.

You can write to the office of the children's lawyer and you can also retain your own estate lawyer because he's not acting in the best interest of the children when he's being advised by their legal guardians that they don't want the property sold and they are inheriting the entire estate. In fact your 18 year old is an adult. You should let the office of the children's lawyer know that you believe he wants to buy the cottage from the estate but that cottage was not left to him.

You could also apply to have him removed as executor and trustee and have yourself replaced in his stead. It may make the most sense for you to retain an estate lawyer at this point in time.

Does that help?

Customer
Thank you so much, Debra! I will most certainly contact OCL asap. and seek an estate lawyer. In the meantime, I have written a response letter and am sharing it here.Please let me know if I may be missing anything essential. I would appreciate any suggestions. Sorry, I'm not sure if this can fit with the scope of this JustAnswer service, but sut in case ;-)
Customer
Hello Mr. Christie,
I am writing to you in response to your email from Friday, November 13.My brother and I were extremely shocked to learn that Mr. Samulski is considering selling the property at 227 Park Head Rd (also known as 'The Mill"). THIS ACTION IS UNACCEPTABLE AND NOT AT ALL IN ALIGNMENT WITH OUR INTEREST. Since Mr. Samulski does not know anything about my brother and myself we are asking that he does not resort to assumptions of what benefits us and instead consult with us prior to taking such actions. We had a prior agreement that selling the mill property will never be the case. The correspondence from April 2021 by the law firm administrating Howard Hirons’ estate to my parents and myself states agreement with the plan to transfer The Mill property in trust to my parents.As previously discussed, the property of the Mill has utmost sentimental significance for my brother and myself. The Mill has been and still is a true home to us, and the Mill Community we grew up with is very much our family.This property was purchased by Howard Hirons in 2018 from Ross Laing, who had owned the property for over 30 years and gave it an exclusive purpose to serve families within the Mill Community. Many of these community members, my parents included, had invested monetary funds and contributed various maintenance-work on this property, while the objects stored there belong to various community members.Just like myself, Howard Hirons had high sentimental appreciation for the property at 227 Park Head Rd. and anyone in the community who knew Howard would confirm that Howard did not want this property to be sold.It is my hope that you will promptly remind Mr. Samulski of our prior agreement to transfer the property trust to my parents or to my parents and myself until I reach the age of inheritance. I look forward to working out a favorable settlement solution as soon as possible.Thank you for careful attention to this case.
Customer
the letter is from my 18 yr. old. as they only speak to him)
img

Debra, Expert

I know it is and that is excellent.

But the OCL will represent his brother.

And you should retain your 18 year old his own lawyer as I don't think they will care what he says.

Customer
Thank you so much Debra.
img

Debra, Expert

You are very welcome.

img

Debra, Expert

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

Customer
Nothing else for now. Thank you.
img

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

Customer
This Question is for Debra.
HI Debra. Here's my follow up question regarding our situation with our sons inheritance. Given that the trustee does not behave friendly or transparent to the boys and/or our family, and persists in making it very difficult to observe weather or not he acts in the interest of our sons (For example, he has been ignoring all our requests to provides us with information about any money he spent from the estate), how can we remove him? I guess, a preceding question should be, since parents are not named beneficiaries, what right and/or responsibilities do parents have in assisting our sons in this matter?
img

Debra, Expert

Can you please start a new post for this new question? Please be sure to put my name into the post so then I will be the one to answer.

Customer
I just tried that but the site is not recognizing I have a membership.
Customer
Not sure why. I was charged the monthly amount on my previous question on Nov 13
img

Debra, Expert

You will have to check with customer service tomorrow.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer