Legal Question in Wills and Trusts in Canada
executor not signing off
Our aunt and cousin are both executors of our grandmother--name removed--will. It has been--name removed--year and everything is completely dealt with. My aunt refuses to go to the bank to disperse the funds unless my cousin gives--name removed--full accounting of how their money was spent while they were alive. My cousin was her power of attorney. Can my aunt just refuse to sign or is their some statute of limitations? I did not think--name removed--power of attorney had to answer to an executor for how they were cared for once deceased. There is no chance my grandmother was mistreated- the aunt is just mad that money was left to everyone, not just her.
1 Answer from Attorneys
Re: executor not signing off
The executors of an estate are legally obliged to account for all assets of the estate. The Aunt has the right to investigate the actions of the Attorney and may have personal liability for not doing so. Therefore she can demand a full accounting of all the attorney's activities. The limitation period differs from jurisdiction to jurisdiction. A distribution can be witheld until all assets and liabilities are properly accounted for. However, if the Aunt is acting unreasonably taking into account all the relevant facts and circumstances she may be liable to the beneficiaries for unnecessary expenses charged to the estate. Also the executors are entitled to receive a final tax clearance certificate before making a final distribution.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
