Probate and wills

[turboetech]

So in a nutshell what are you suggesting? My dad has me/sister as the executers and if neither of us wants the land it gets sold and divided evenly, as for all the rest pretty sure it will be sold off or me/sis will decide who wants what or nothing at all.

This could be a disaster with two executors you both need to agree to move forward on anything …..I’m the sole executor and my two sisters are creating quit a fuss prob be in court soon dealing with my dads estate now

 

[turboetech]

Land titles are actually really fast now think it only took 6weeks

 

[turboetech]

Does anyone know of a good top self estate litigation lawyer in Edmonton area?i know good and lawyer not usually go together but my dads will is getting ugly my sisters have hired a lawyer and he is twisting words and definitions in his will it’s all about interpretation most lawyers just cut and paste a generic will

 

[turboetech]

Sorry didn’t mean to hi-jack your thread

 

[smokinD]

This could be a disaster with two executors you both need to agree to move forward on anything …..I’m the sole executor and my two sisters are creating quit a fuss prob be in court soon dealing with my dads estate now

Ya i hear ya, doubt that will be an issue between me/sis as we will honor Dads wishes and just come to a mutual conclusion as we do on most things. She is set up for life and i am good as well so it will just be a matter of property and personal stuff wanted, which is not going to be an issue. I am confident this will go off without a hitch as Dad is a solo rider and has been for many years since wife passed. Hope you fair out ok in the end and your sisters don;t cause to much grief for ya, as we all ready have enough of that going on in our lives without added grief.

 

[turboetech]

Hats off to you and your family I thot the same way when my dad passed but now it’s a total different story thot it would never happen now it’s happening greed temptation and money sometimes brings out the worst in people

 

[bobsledder]

Just wondering if anyone has come across this before. My Dad was saying tonight that he has been talking with a couple of the banks he deals with and they told him that probate will be guaranteed thing regardless of weather or not our names are on his accounts or not. The land has had our names on it for awhile and seems there is no problem with transition once he passes.


He is pretty scarce with the info he gives me but he is also troubled by what he is hearing. Should he not be able to hand out his estate if it is all laid out prior to his passing without lawyers and banks fighting over it first?

He is pretty concerned about it and I am just trying to help him find out what yo do. Is it certain banks? He has yet to talk to one bank but one for sure said no matter what it would go through probate.

Those bankers sound sleazy. When I executed my fathers will his lawyer sent me over to the bank to request they waive probate as he had made my sister and I joint account holders. The bank manager just verified he had no debts and issued a waiver to the lawyers office and we executed the will without probate.

 

[Lightningmike]

Does anyone know of a good top self estate litigation lawyer in Edmonton area?i know good and lawyer not usually go together but my dads will is getting ugly my sisters have hired a lawyer and he is twisting words and definitions in his will it’s all about interpretation most lawyers just cut and paste a generic will

That sucks. Sorry you have to go through that. I have seen a few families become estranged over greed.

 

[Lightningmike]

So it seems as tho dad didn't mind the idea of 3 separate joint accounts between him and his 3 boys. When I went in with him to sign the lady was pretty cool and explained everything. Dad said just because my name is on it I still can't touch it till he is gone. She looked at him and said " oh yes he can. It is a joint account " Then she turned to me and asked if I wanted to order a debit card.
We laughed and laughed..... well... not Dad.

 

[fj40]

A joint account sounds good as to not having to go to probate, but as you stated who ever is on it can withdraw from it.
Also if one of the account holders get sued or goes bankrupted that account with be named as their assets.
So if they go through a break up, their partner can go after it.
Don't get any advice from the banks as stated above they are working for the bank and not you.

 

[Lightningmike]

A joint account sounds good as to not having to go to probate, but as you stated who ever is on it can withdraw from it.
Also if one of the account holders get sued or goes bankrupted that account with be named as their assets.
So if they go through a break up, their partner can go after it.
Don't get any advice from the banks as stated above they are working for the bank and not you.

You are correct. These are some of the things he was warned about.

 

[mountianguy]

Greed, jealousy, laziness or any combination is the root cause to almost all the problems we have.

 

[greenthumb]

So it seems as tho dad didn't mind the idea of 3 separate joint accounts between him and his 3 boys. When I went in with him to sign the lady was pretty cool and explained everything. Dad said just because my name is on it I still can't touch it till he is gone. She looked at him and said " oh yes he can. It is a joint account " Then she turned to me and asked if I wanted to order a debit card.
We laughed and laughed..... well... not Dad.

Good to hear your pops is still alive and kicking!

 

[Lightningmike]

Thx

 

[SHREK1]

Just starting to look into a trust, with a trust your business remains private, probate is public, depending on the value of your estate. A properly structured trust ensures the recipients are the ones that get the eatate

 

[turboetech]

McCuaig and Desrochers Law office on retainer

 

[turboetech]

If I have learned anything this far is that the words of a will need to be clear so there is no room for interpretation The words need to be clear and defined with no ambiguity

 

[Mike270412]

Just wondering if anyone has come across this before. My Dad was saying tonight that he has been talking with a couple of the banks he deals with and they told him that probate will be guaranteed thing regardless of weather or not our names are on his accounts or not. The land has had our names on it for awhile and seems there is no problem with transition once he passes.


He is pretty scarce with the info he gives me but he is also troubled by what he is hearing. Should he not be able to hand out his estate if it is all laid out prior to his passing without lawyers and banks fighting over it first?

He is pretty concerned about it and I am just trying to help him find out what yo do. Is it certain banks? He has yet to talk to one bank but one for sure said no matter what it would go through probate.

If he's so worried about it, he should give it all away now. Just keep enough to live on.

 

[Lightningmike]

If he's so worried about it, he should give it all away now. Just keep enough to live on.

He's pretty stingee. He probably make us wait 10 years after he is gone.