Can i request interim distribution of the estate?

My grandma passed away 4 years ago, and she left her condo to her grandkids. It was sold years ago, but due to arguments between the trustees, they haven't distributed it. They recently had a case conference where they all agreed to wait for notice of assessment and then apply for clearance certificate before they release the money. I obviously wasnt able to attend this case conference as i do not even have the financial means to do so. I am unable to afford a lawyer thats why im asking here. Am i able to request an interim distribution of funds because im homeless and extremely depressed due to my current condition? Even a partial distribution would go a long way in helping me get back on my feet.My share is around $28000 and just a tiny fraction of that will really be helpful. Thanks in advance for your help! If you happen to know a lawyer that can get paid after my money is released, please let me know. Thanks


Asked 6 months ago in Ontario
Categories: Wills, Estates, Trusts

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

An interim payment should be made especially if you are in need.You need to weigh the advantages of paying a lawyer to assist you, versus the cost of a lawyer assisting you. Depending on the size of the estate and number heirs it is possible after such long delay that your legal fees may be covered by the estate in whole or in part. If you can get other heirs on side it should make it pretty simple. The trustees can be held responsible for poor decisions if they have ignored the ability to make advance payments without good reason. If they have the certificate appointing them as trustees this issue could be addressed assuming there is ample money in the estate for a small distribution. Some banks will loan money to you based on an expected and proven inheritance unless a claim is made that you already got your share before the deceased died or after. You could sign a form to pay the bank for any loan you secure, from your share of the estate. Usually they will give you an interest only loan or a "LOC". Good luck. Hamoody Hassan, Senior Counsel, www.hassanlaw.com

Posted 5 months ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

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 <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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