I was hoping to close it out so there will be final closure to his estate ( there is not much to it ). One other question, the estate's co-executor would like to make a cash payment to a former care worker as recognition for her dedication. Does the annual audit of accounts reflect this inaction? My recently deceased mother had create a trust through Wood Gundy for my daughter to help her through university. If that is the case, what exactly are you expecting CRA to give you? It may seem inconvenient but there reasons for it, not the least of which is who is earning any interest on the account.Keep in mind that in law, that joint bank account belongs to your father, not to you, but that's a story for another post.Since I know nothing at all about your father, his marital situation, his assets, his debts, or anything else, I really couldn't say what you need to do. She has money due to her from the other UK source, but when I asked for the overseas sort code for her account I was told the deposit wouldn't be accepted because the account is not yet an estate account.Mylawyer tells me TD is even worse to deal with re estates, bottom line is check with a bank about their estate account policies before you have a bureaucratic nightmare on your hands. That's very heavy-handed of them! Safe Deposit Boxes You will need the key to any safe deposit box so you can list the contents and access any important documents it may contain. Be cautious about disbursing funds until you have 100% control of the situation and know for sure what's out there.LynneLynne, Hi LynneMy mom passed away about a year ago, my sister and brother and I were all executors. . Is there a time limit on how long an estate account can stay open? Hi Linda,The cheque should be written to you as executor, as the lawyer has suggested. She died in January, but now Empire Life says that they made a mistake in allowing me (as POA) to name myself as a beneficiary and want to make a cheque payable to the estate. The problem we now have is that while we can see the account online, we are not able to make any payments from it for utilities and rent prior to moving her stuff out of the apartment. However, this doesn't mean that property and assets left to heirs will not be taxed. These accounts are useful to avoid probate and are common in the US. Do I still need to open up an estate account for tax reasons or other? Open an account online in about 20 minutes or apply in-branch. I have having some real tough issues with TD Bank. The only thing going to probate is her house which was only in her name. Lynne, Hi Lynne,I am being assigned as an executor for my grandma's estate. My mother maintains the joints account she had with my grandmother who passed away 4 years ago. He had power of attorney. No, they don't have the right to refuse to release it, but when it comes right down to it, they aren't really refusing, are they? This bit about the banks not allowing executors to open an estate account until probate has been granted is relatively new, and only works for the bank. 8. Since 2007 it has been the law in Canada that joint accounts between a parent and an adult child that were set up for the purpose of avoiding probate are not true joint accounts and must be paid into the estate of the parent. You have the will, so you can show your appointment as executor.Lynne. I asked if i can close the account and open one that says Sara Smith, Administrator of the Estate of Jane Doe and they said no. Make sure you have provided everything they asked for. However, an executor does have the right to use whatever bank he or she chooses, and it makes sense to go where you feel comfortable and have received good service. As far as the bank is concerned, your father's account is still HIS account and not an estate account until the probate has come through. The executor will also need to . Where do I even go for help on this? He had a will.. You may not need to get probate. Dear Lynne, I live in Ontario. Can the estate lend money to the executor who pays interest on it to the estate at the same rate the money is now receiving in a GIC? In her will, all three adult children are both equal executors and beneficiaries. I wasn't aware that they were doing that. Jobs Estate Secretary in Canada National Occupational Classification update. My dad passed away and has no will, no assets, no liabilities, no bank account. Either you were joint executors, or one was named executor and the other as alternate. . It has been over 2 weeks now, I have not heard from the branch and I have no access to anything online.My question is why am I being denied any access what would be happening to the accounts that I can't access them and what is taking so long? The estate accounts usually contain the amount of compensation claimed by the executor. I attempted to open an estate bank account along with my co-executor and was told I would have to wait until the Court issues the probate letters. recently received a cheque made out to the estate and attention of me"Jane Doe" can I deposit this cheque into my personal account or does it have to be deposited intorbhe estate account. I am the sole executor and beneficiary of my deceased husband. We also own property that my mother as executor has never removed my Grandmother from. Does my daughter have to pay taxes on this as income for the year? I am the executor to my deceased elder sister's estate. I received a cheque made payable to the Estate of my son with my name as well. Apparently, they were under no such obligation, in fact the manager of one bank stated, that since my brother was POA, he could do what ever he wanted with my mother's money, and the first thing he did was put a couple thousand towards a loan payment (don't know to which bank - but it does mean they benefited). They told me to open an estate account.he doesn't have any assets nor investment, is it necessary to open an estate account? The bank had a copy of the will and death certificate .. now what do I do with these cheques I recently got? The ONLY cheque to come in was a refund from the cable company (5 months after I cancelled her account, PRIOR to her passing), and it is made payable to her estate, with my name and address underneath. My father had a joint investment account with my sister with a right of survivorship which held shares and cash which the bank has put into her name to deal with as she sees fit. My husband is executor and the only child and only beneficiary. Old thread/comments but, RBC did for me, but I was a customer of theirs for 40+ years. So far I have issued one cheque to myself and one to my sister in equal amounts, (as will states it is 50-50 between us) and we are leaving several thousand in the account to cover bills as they come in. Estate accounts are subject to different reporting requirements than personal or business accounts. My sister lives in the same province as my deceased father. Are you sure you are clear on what the bank wants you to do?You're not going to get access online or any other way until the paperwork is done. I went through the lawyer for a probate. I am the sole executrix named in his will. Start Schedule A by plugging in the grand total from the final Inventory of Assets into Schedule A. The bank said if I get a letter from the lawyer saying that the application is in the process that I can open an estate account but will only be able to deposit, no withdrawals. I have not received anything in writing other than a few emails. Thank you for your answer! It sounds as though one will be open longer because of your tax holdback. Unfortunately there is no law I can draw on to give you permission to by-pass the legal requirements of estate administration.Lynne. My question is, do I need to apply for a probate grant before I go to a financial institution to open an estate account? So out of her account I paid for her last medications so it is a fully paid now. Estate Planning. If Empire Life insists on issuing a cheque to the estate, are they at all obliged to reimburse me for the probate fees I will have to pay on the money (300K) because they made a mistake in allowing the account to be set up that way? The mortgage has been paid from my father in laws account since he has passed in October. it's a small cheque and likely the only one going to be issued to the estate. Is it different when somebody has no chequing/savings accounts? Please advise, No, you don't have to wait for probate. Working with banks can be tricky, because they don't offer their employees much training with respect to estates. I (probate granted estate trustee with a Will, and I am also the residuary beneficiary) opened 2 estate accounts for my mother's estate last year. Plug in values from the estate account into the appropriate schedule under the correct category. Since I am solely responsible for doing this, am I able to disburse some of the funds right away as long as enough is left in the account to cover income tax and any unpaid bills? However, to get the balance or the transactions, I have to call in and get whatever information I can. Also consider the fact that when a lawyer holds funds in trust, the interest earned on the funds is paid to the Law Foundation and not to clients. Lynne. Sat-Sun 8 a.m.-8 p.m. ); Your joint executors might have a strained or non-existent . What do I do with these cheques, how do I cash and divide them? I am a retired Branch Manager from another financial institution, so her attitude did not sit well with me and basically this manger argued with me on the phone. You can't just add your name to an existing account, as that would suggest that your sister is alive and you two are joint owners, which obviously cannot be the case.This is the only thing that makes sense to me in the context of your question. They told me I would be able to get a bank card and on-line access and cheques once I had provided them with a CAET. How an estate is distributed Or do you actually mean mirror wills? If you are the executor, it's up to you to decide whether you want to take the personal risk of releasing money. Have you taken the estate paperwork to the bank with the cheque? Unfortunately though, they are not the ones involved in your basic executor's account, because the executor's accounts are handled at the branch level.All I can say to executors is that if you cannot get what you need at one bank, go to another one - the competition - and see if you get a better response. They gave me a cheque for that amount made out to the estate of my dad. I was initially executor and stepped down due to personal reasons. The strategy is usually accomplished through the writing of a Will and establishing Powers of Attorney and similar documents. Sotheby's International Realty Canada cautions that MLS market data can be useful in establishing trends over time but does not indicate actual prices in widely divergent neighborhoods or account for price differentials within local markets. Her affairs are simple and the estate is modest. Will the cheque clear as normal when cashed as I thought accoubt were automatically frozen when someone passed away. The estate is valued under 20000 dollars so we are not applying for probate. She asked each bank was this a problem, each said it was not a problem. Since I am sole beneficiary and will receive the cheques to his estate, how do I set up the estate bank account. Hi Lynne, our mother passed away in February this year. Nobody cares whether the legal department people can read them. Otherwise, this could end up being worked out with lawyers for the bank, which in my experience is like hitting your head repeatedly on a brick wall.Lynne. Can we open an estate bank account if we did not probate and are not the Executor? Is it legal for my mother to deposit that cheque into that joint account.? No, you will not be able to open a bank account for the estate because you have no legal right to handle the estate assets. (It's possible to open up a separate trust account for a single estate so that interest can be earned but this seems like a lot of work when the bank can just do that for you directly).Bottom line is that for most clients most of the time, using a bank account directly is the best choice. Royal bank will not allow me to open an Estate bank account, without a probated Will. That is my main concern now. On the other hand, if you stepped down properly, who became the executor in your place? I'm in Alberta. (I was not asking any info on the account only about their requirements for an Estate Account) but she jumped on him immediately and would not listen. I don;t know what is happening in this particular estate that might make the executor think that. Any advise? They also told me that it doesn't matter if the will states that the funds are to be split between myself and 3 kids, that because they have it listed on their system that only the kids are beneficeries, that they have to go by that. Isn't it the point? My mother passed away in mid-March. What's the easiest way to cash it. FIL was not natt8ed, Julie, what does "FIL was not natt8ed" mean?Lynne. The bank ended up selling the investments March 26, 27 and April 7 which ended in a $90 000 loss. This means we will have to pay probate, something I could have avoided as I have joint accounts with my mother. In particular, the bit about being listed as executor per CRA. I was told by a local lawyer that if there were no assets that there would be no point spending approximately $3500.00 dollars to become an administrator. No. So i'm very confused. The bank was very helpful ,CIBC, in not having me set up an estate account (funds in account under $3000) as I had a joint account due to his dementia where his money went in and his bills came out of. which the individual transactions. Earn a $300 welcome bonus with a new bank account 2. In the next breath the employee told the other executor, the old account is now yours and you can take the Money and run. TD gave him such a hard time. No, not that I know of. She is also the executor, which means that ultimately she is the one who will take responsibility for the payment of the funds.So, what is their risk? Doing otherwise is theft or fraud.Lynne. Lynne. Or do they receive (in my case, beneficiaries are to receive monthy from estate) beginning when the funds are ready to be dispursed? Hello. I have since gone to CIBC and they had no issue with helping me without probate. It will be the job of the estate's executor to set up and monitor the account. I am sole trustee on an estate, appointed by Superiour Court (Ontario). Are you supposed to be supplying it? Ask them to pay the bill from his chequing account. The only joint wills I've ever heard of are the kind where there is only one document shared between two people, and those haven't been done for about 50 years in most of Canada. Why on earth doesn't she just do the paperwork before this all hits the fan? I don't know who works at the legal departments for banks, but they seem to know absolutely squat about estate paperwork. If your mother "had nothing", there should be almost nothing for an executor to do, so acting as executor shouldn't actually be much bother.I find it really frustrating that people will wash their hands of all work and responsibility for their parents except when it comes to getting some money out of it.Lynne. My mom had around $800 000 of chequing and investment accounts. In particular, you should not have named yourself because someone working under a POA is not allowed to benefit from the position of POA (other than collecting a wage for the work, if allowed). Before the probate, I met with the bank stating they would set up an estate account, but it came to my understanding when the probate was finished they did not make an estate account yet. You then take the drafts and deposit them into the estate account. The cheque is not payable to your mom, but to her estate. This was done after receiving the Probate Certificate which was scanned into the estate dept. My husband passed away recently without a will. Hi LyneI am the executor of my mother's estate . Two witnesses, however, signed the will as witnesses and swear that the maker of the will (now deceased) made the will, and somehow no one noticed that the maker did not sign it. I'm frustrated that I can't create a single account in the estate's name to deal with everything. It's not because it's an investment account, but because of the value.Lynne. My mother passed away in April, and I met with her bank on April 26 primarily to be sure no further deposits were made. My father passed Nov 18 2016; he was widowed and there are 3 beneficiaries named in the will. My sister and I are co-executors of our fathers will. I certainly hope that the bank will verify by looking at the will, as this is what they are supposed to do. This is clearly a "screw you, this works for us" policy on behalf of the banks.Keeping detailed records makes sense. However this has affected how the tax slips have been filled in. Meanwhile my brother received it but I did not. These 'source documents' are the back up for the estate accounts but are not usually provided to all beneficiaries. Can my sister disburse fees from my fathers estate accounting to reimburse my brother for return air fare and to me for gas mileage, when we attended his rental to remove his belongings and sell his assets? I don't know what you've got in mind when you mention recourse. All debts of the estate have been paid. Thank you. You should not have listed anyone but her estate as the beneficiary of that contract. Estate planning, wills and dealing with death Making a will, planning your estate, powers of attorney and what to do following a death. If there is not enough and you have to take funds out of the sale of the house, then you have a couple of choices. I am not happy with RBC at all. The bank is treating my moms registered accounts with no beneficiaries (rrsp/lif/rrif) as frozen until probate is received. Giving Power of Attorney Will I need to open an Estate Account? My dad had no will, no spouse and i am his only child. Check the motor vehicles registry web page in your province. I know taxes will need to be paid next year. All from my laptop. As my mother was only receiving income for the first 3 months of the year and we made a quarterly payment to the CRA, my expectation is that the tax liability for 2018 will be very small or may even involve a refund to the estate. Now the bank is on the hook for the full funds because they released the funds to the wrong person. bank accounts (includes foreign banks) Shares, bonds, trust units, options, mutual funds, TFSAs, RRSPs, RRIFs vehicles such as cars, trucks, boats, motorcycles, trailers situated in or outside Ontario goods or material Can you confirm when I take the tax bill to the bank it can be paid from his estate. Death benefits are administered by the federal government. However, this past week, she received an unexpected check for a substantial amount, written out to my father's estate. In such a situation, the funds in a joint account would then transfer over to your child, who can then distribute the funds according to your wishes without having to go through probate. my father passed away and only had $960, which was held in trust by an organization. I guess my question is do they have the right to not release the money once probate has been granted? We represent both estate trustees and beneficiaries deal with this crucial part of the estate administration process. Thank you. Take the funeral bill to the bank where your uncle had his funds. What should I do? Hello Lynne.I am the executor of my fathers estate. As I said, not all banks are responding properly to the change in the law (from 2007) and some are paying out joint bank accounts between parent and child to the child. I just need that cheque to go in there. Then all of a sudden none of the kids will get the joint accounts any more. Hello My 24 year old son passed away oct 28 i found his gst cheque dated oct 5 that he signed is it ok to cash it or wat do i do ? Do they have this right? You're in charge of the account, not them. Financial institution (Questrade) refuses to do so and claims this is against the law (True?). Let's say your husband goes into the bank with the will and the bank releases the funds to him with no probate. Our lawyer said there was no need to probate as the will clearly spells out who the beneficiary is and there is only the savings account which would be used to pay expenses and the rest to the beneficiary. The lawyer suggested it might be more efficient to use the law firm's trust accounts. Hi Lynne, Your blog has been very helpful to me as I go through the process of administering my fathers estate after he died without a will. What can I do? I paid the expenses (probate fees etc) personally as I was not allowed access to the funds. I live in the USA, my son lived in Canada and passed this year. Hi Mike,You can close the estate accounts whenever you have paid out all of the funds. I suspect you may be right that someone has made a mistake and is stringing you a line of BS to try to cover it up. Clip: "If you're an executor, however, you can open the [estate] account at any time once you take charge of the estate. I'm not an expert on criminal law but it seems to me that if she is pretending your grandmother is alive and depositing a cheque made to your grandmother, that is fraud. The sole real asses, a condo, sold in December of 2018. Also, they finally said they will release all the funds via bank draft payable to the estate.? All decisions of joint executors must be made unanimously, so all three will have to sign all cheques.Lynne. How can he sign papers, cheques if he is not physically able to do so? When they are one and the same person, the executor must only use the estate funds to pay estate costs and debts. Perhaps the house would fetch more if it were repaired and restored, but the executors will have to balance that off against the cost of repairs, the cost of insurance and property tax during that time, the odds that the market will stay strong, how much of a gain in price there is likely to be, and the patience (or lack of it) on the part of the beneficiaries. How can I keep track of what cheques have cleared? Do I need to open up an estate account to transfer the money to myself. I just received a cheque refund (a small sum of less $100) issued to her estate. Once everything is in order - do the beneficiaries receive there funds retroactively from date of loved ones death? Lynne. It is not unusual at all for a bank to insist on having a grant of probate before releasing funds. The house just had a major fire and two of the executors want to sell the house as is (with the fire damage), settle with the insurance company and distribute the settlement proceeds as part of the estate. Something like that might make a bank reluctant to accept the will without the backing of the court. An executor can never use estate funds for personal spending. My question is can someone replace him without electing a new executor? The 1st distribution I picked up from a lawyer as I was in a hurry to get money. My mother learned the hard way that her money was not as 'safe' in the banks as she thought.
Scottish Reeling Ball,
Sturgeon Lake Cows And Plows Settlement,
Did Rob Lake Have Cjd In Bodies,
Earn To Die 2 Unblocked No Adobe Flash Player,
Articles E