Legal Question in Wills and Trusts in Canada

Need help finding direction

My Dad passed away in July of last year (2005). Ever since I have been an adult, I was told that Mom & Dad had a will & everything was to be divided betwee their 3 children.

Here is my quandry, my sister moved to Canada 14 yrs ago and lived with my parents. After a few months of my Dads passing, I started asking my sister when we were going to get his estate setteled. She was to busy, tired, etc.. In December I found out that she had never contacted anyone to let them know of my Dads passing. The banks, credit cards, Social Security, no one had a clue because cards had still been charged, benefits had been spent, etc.

I want to find out how I can settle my Dads estate, but I am really afraid because of my sisters criminal activity, I do not want to get involved.

My Dad was a US citizen who retired in Leamington Ontario. I live in Michigan. How do I do this without getting into trouble because of my sister?

I wouls appreciate any help. I am afraid that my Dads estate will be handed over to the US and I don't want to lose contents inside.

I know there is a will somewhere, my Mom & Dad told me about it. Sister claims there is no will which isn't a big deal since probate will divide everything anyways.

Thanks for help


Asked on 6/22/06, 12:26 pm

1 Answer from Attorneys
Robert Maguire Maguire & Company

Re: Need help finding direction

Go to the urban centre nearest to where your father was living and retain a solicitor experienced in estate matters. If there is a Will, likely a court application will be need to obtain a grant of letters probate. If there is no Will, then a court application will need to be made to have you appointed the administrator of the estate (if you are willing to do it). The solicitor can guide you in what has to be done to properly administer the estate.

Read more
Answered on 6/22/06, 12:59 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Canada