Executor issues

an executor of a will that i'm a named beneficiary has not completed any action to transfer assets that were left to me, including an incorporated business shares that were left sole to me. Taxes, property taxes, revenue canada have not been paid and now the executor and the estate lawyer are saying that regardless of a precedent set by the deceased (not charing his company rent in a building that he also owned) that the company has to pay rent now to cover the property expenses on a building personally owned by the deceased. inaction by the executor have the business on the brink of bankruptcy. what is the recourse?

Asked over 3 years ago in Ontario
Categories: Wills, Estates, Trusts  Corporate/Commercial

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Wayne P. L. Cusack

Answer by Wayne P. L. Cusack

VerifiedOntario lawyer

The first thing you should consider is whether the value of any potential dispute is enough to justify taking action against the executor.  If you are satisfied that it does, and that you cannot have the matter redressed by negotiation, you can take various steps in the courts.  In an extreme case the executor could be removed and replaced by someone else.  It's not possible to give you a full range of advice without having a proper grasp of the facts.  You should consult a lawyer who can give you advice tailored to the specific facts of your case.

Wayne Cusack

Posted over 3 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Wayne P. L. Cusack, or search the Lawyer Directory.

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