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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Estate executor has held a large sum of money for over 14 years

Resolved Question:

Estate executor has held a large sum of money for over 14 years and will not respond to any attempts at communication. What can we do?
I would think he is breaking some kind of law in doing this.
Thank you.
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

That doesn't make any sense.

What is the apparent reason for this?

When is the last time you heard from the executor?

Why did you let this go on for so long?

How much money is involved?
Customer: replied 3 years ago.

I am asking these questions for my boyfriend. His father passed away and named his brother executor of the will.

The reason for this is that this person is very lazy and does not want to be bothered. The last time he heard from the executor was April where he finally transferred the land over to the sons.

It has been going on forever and he does not return calls, he refuses to open mail that has been sent to him

The amount of money involved is $31,000 sitting in a bank account + interest.

He no longer knows how to get their money.

Thank you.

Expert:  Legal Ease replied 3 years ago.
Does the estate have a lawyer?
Customer: replied 3 years ago.

Yes, the estate has a lawyer and his name is***** in Deep River, Ontario.

This lawyer also refuses to speak to anyone other than the executor.

If neither are doing their job, can criminal charges be laid?

Thank you.

Expert:  Legal Ease replied 3 years ago.
This is not a criminal matter unless there is fraud.

If he's taken and kept the money then it is criminal.

It is not criminal not to do a job.

The lawyer takes instructions from the executor.

I suggest you have a lawyer write the estate lawyer indicating that if this is not resolved at once you will bring an application to the court.
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