Power of Attorney/Beneficiary of Will

[paris]

My father is a beneficiary on his cousin's will. The executor of the will is my sister. My sister has alzheimer's so her husband is handling the estate. Her husband refuses to keep my father updated other than to say "it's all a huge mess". It's been over a year since my father's cousin died.

My father understands that legally my sister should not be executor, and neither should her husband be doing it for her. He won't dispute it legally because he doesn't want to hurt her feelings.

He's worried that if this isn't settled before he passes (he's 93) that it would tie up his will too. He wouldn't have a problem with my other sister and I disputing it, but we don't have an interest in this will.

If my other sister and I were his legal Power of Attorney's, would we have the authority to dispute the executor of the will for him?

 

[army judge]

My father is a beneficiary on his cousin's will. The executor of the will is my sister. My sister has alzheimer's so her husband is handling the estate. Her husband refuses to keep my father updated other than to say "it's all a huge mess". It's been over a year since my father's cousin died.

My father understands that legally my sister should not be executor, and neither should her husband be doing it for her. He won't dispute it legally because he doesn't want to hurt her feelings.

He's worried that if this isn't settled before he passes (he's 93) that it would tie up his will too. He wouldn't have a problem with my other sister and I disputing it, but we don't have an interest in this will.

If my other sister and I were his legal Power of Attorney's, would we have the authority to dispute the executor of the will for him?

You and your sister have no standing, but could try and use a POA to this this situation.
If the estate is worth a lot of money, hire an attorney to do it for your dad.
This is a complicated area of the law.
Your aunt's husband has no standing to do what he's doing.
He may have bled the estate dry.
Speak to a lawyer ASAP.
If the estate is small, let it go.
It will in no way hamper the probate of your dad's estate.

 

[paris]

Thank you for your quick reply. My Dad will be happy to know it won't affect his estate.

He is one of 3 beneficiaries on his cousin's estate. I just found 1 of those beneficiaries myself because the estate lawyers couldn't find her after a year. I expect that was one of the problems.

The estate is worth just under $500,000. My father's share is half of that. We did see a list of the estate assets about 5 months ago.

How could my sister's husband bleed it dry? That wasn't really a concern with me until you typed it here. I do know her husband's intention is to pay out the estate when everything is finalized. All of the beneficiaries thought they would have received an initial payment months ago, but apparently he "doesn't have to do that".

 

[army judge]

Thank you for your quick reply. My Dad will be happy to know it won't affect his estate.

He is one of 3 beneficiaries on his cousin's estate. I just found 1 of those beneficiaries myself because the estate lawyers couldn't find her after a year. I expect that was one of the problems.

The estate is worth just under $500,000. My father's share is half of that. We did see a list of the estate assets about 5 months ago.

How could my sister's husband bleed it dry? That wasn't really a concern with me until you typed it here. I do know her husband's intention is to pay out the estate when everything is finalized. All of the beneficiaries thought they would have received an initial payment months ago, but apparently he "doesn't have to do that".

Crooks and thieves have many ways in which to work their evil schemes.

Talk with a lawyer.

It'll cost your dad some of his inheritance, but he won't be at risk to have any (or God forbid, all) of it stolen.

Hire a lawyer you trust and have him oversee your dad's interests.

The first that that should be done is to appoint a new executor, a legal executor.

Not an interloper, like your uncle.

I'm sorry your aunt has health problems.

She may not be aware if what this interloper is doing.





Sent from my iPhone using Tapatalk

 

[paris]

Regarding the 3rd beneficiary who was named in the will... she was recently in touch with the lawyers. They told her the executor was waiting for "certain clearance materials" from Canada Revenue.

Does that not sound like the final clearance certificate has been applied for? Or are there other clearance materials from CRA throughout the process? Could they apply for the final clearance without knowing the whereabouts of one of the beneficiaries?

 

[army judge]

Regarding the 3rd beneficiary who was named in the will... she was recently in touch with the lawyers. They told her the executor was waiting for "certain clearance materials" from Canada Revenue.

Does that not sound like the final clearance certificate has been applied for? Or are there other clearance materials from CRA throughout the process? Could they apply for the final clearance without knowing the whereabouts of one of the beneficiaries?

I don't know Canadian law.

You need to speak with a solicitor or attorney in Canada.


Sent from my iPhone using Tapatalk