A
female
age
,
anonymous
writes:Hi there,What a great site and an awesome place to come with a problem.So here goes. My mom died in December 2012.My brother was power of attorney and is actually a lawyer and was power of attorney of the estate.My sister was the executor.I did not actually see the will.kip to February 2014.I received an email from my brother stating that I may have to pay back my inheritance of,$9,000.The reason for this is that my sister had failed to file my moms taxes for 2003 and 2004.In addition we were on the hook for thousands of dollars interest.I questioned at the time how I could have received my inheritance if these debts had not been cleared.I received no answer.The tax info was sent by my brother so I know that is legit.Concerned about the level of interest and penalties I,sent 2,600 to help cover this.My brother mentioned he would send along an equal amount from each of us to help defray the interest and penalties.I have the email to that effect.Skip to last Thursday when I get an email from my sister stating that I only owe 3400.It would have been closer to 6000 but they recognized the 2600 I had paid already.My sister sent the scanned sheet from the tax office and I noted that no partial payment had been made a year ago as I assumed would be the case. I made a payment in good faith and my siblings had not....I was furious.There have been emails back and forth.They have changed the amount I owe four times.First my brother says I owe nothing.Then my sister says I owe 2,400.I then get two more emails from my brother saying I owe 3,000 and then another for 3,400.I had plans yesterday for Easter Sunday and when I got home there were a ton more emails from both of them.They are attempting to bully me as it has worked in the past.I have decided to see a lawyer this week and desist from any further email contact with them.I am too angry because the money I pulled together for interest was never sent.These are supposedly two competent business people who have screwed up totally.It is as if they have no,shame.From a legal point of view I am not responsible for this debt as I was only a beneficiary but we will see when the lawyer requests the will.Always found it odd I did not see it.My sister cared for my mom for a few years.I think that is great.She did receive thousands in equity and had full acess to moms pension.She has a.pretty good lifestyle and just bought a very nice horse.I guess I was interested in peoples impression of what I have written above.I feel angry and letdown.How will involving a lawyer affect family dynamic?Not great now.They dont seem to respect me.Has anyone else had a similar,experience?Thanks:-)
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female
reader, Abella  +, writes (10 April 2015):
 Canada has Probate Courts.
Once probate is granted then a member of the public can apply to look at the Probate document. Attached to it will be the Will. It is a public document. A professional executor would/should provide you with a copy of the Will at the outset.
And the executor should provide the beneficiaries with a statement of assets and liabilities.
The Power of Attorney and the Executor should keep their financial records for a number of years after the event. I think it's for 7 years.
Woe betide an executor who has disposed of those records if the Probate Court choose to later want to examine those records.
The lawyer cannot claim ignorance of these requirements.
If there were funds to pay out and assets to deal with then the EXECUTOR who is the one who would have had to apply for probate had to list all the assets and liabilities before the Probate Court would have granted the Executor the right to distribute the estate.
Ask the Probate Court to enquire if the Executor fulfilled all their responsibilities and duties - because the executor sounds very slapdash and remiss in this instance.
pay nothing to the executor.
If the executor was negligent then the executor can be queried and be made to explain their negligence.
I think the Power of Attorney should also be called to explain themselves.
Pay nothing to the power of attorney.
Did the Power of attorney misuse any of the funds of the deceased while the deceased was alive?
Was not paying the taxes part of their negligence.
Inquire with the Canadian authority for investigating financial abuse of the elderly. Ask how they can help.
I think your siblings sound very suspicious characters indeed.
They are behaving in a very unprofessional manner,
You most certainly should keep your wits about you when around your siblings.
If you do wish to engage a lawyer first inquire if there are any no win/no pay lawyers. The litmus test for them is that they will not take on a case if they don't think they can win.
Otherwise lawyers can be ruinously expensive and leave you with next to nothing once their fees are settled.
The Probate Court is usually very interested in any case where a lawyer may have mis-used their position as an executor. They'll investigate. You can just sit back and observe the circus from afar. This does sound like your siblings are the ones on trouble.
A
female
reader, anonymous, writes (7 April 2015): Get a lawyer.It would VERY much seem that your sister is in legal trouble, because she did not file for taxes.And it would also seem that you will be OKAY, as long as you can PROVE that you have never seen the will and you have ONLY acted on the advice of your sister and brother.You need to have every scrap of documentation - every email, every letter, dates of every 'phone call and what was said, bank statements and so on.My guess is that both the brother and sister COULD easily pay these taxes off, especially given what your sister has inherited. However, for whatever reason, they have NOT included you in reading your Mum's will first time around AND they are trying to keep you in the dark and confuse you now about what is actually owed and WHO is responsible. If you accepted the money in good faith, then it's no fault of your own.BUT, importantly, if you go to a lawyer, you may even find that you should have inherited a fairer share than you did. It sounds like you came out with the far lesser amount, but was this stated in the will?You have been far too trusting and naive about this - and, to be honest, a little irresponsible as an adult. Your brother and sister have probably expected you to behave in this way - not questioning much and not causing much fuss. I think they have taken full advantage of that. Learn your lesson from this, get a lawyer and stop ALL personal communication about this issue, with your brother and sister. Do NOT discuss it with them personally, only through a lawyer.
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A
female
reader, anonymous, writes (6 April 2015): I remember your post. ts not the first time you are posting this. t was the same post about inheritance and your sister and so on. I am not sure how it is I. England, but to pay thousands in penalties , we are talking here about quiet a bit of money. I am not what's going on between you guys, butif just doesn't make sense to me as you only got inheritance of 9K which is not that much money at all, but your sister is buying a horse, your brother is a lawyer, and they are trying to get these few bucks from you?? It just doesn't make sense.
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A
reader, anonymous, writes (6 April 2015): Get a lawyer. I hope you have bank receipts or cancelled checks of any funds you've sent already. Hang on to your e-mails specifying the payment arrangements they've discussed; and all those fluctuating numbers. You've been finagled.
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A
male
reader, Xearo  +, writes (6 April 2015):
It seems like, no matter the place in the world, people will often fight for money and land from their elders. A bit sad.
If I were you I would be angry as well and I have no advice to give as you are already doing the right thing by having your own layer. I guess it just goes to show it does not take much to become a business person these days, just enough smooth talk to get by.
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A
female
reader, Honeypie + ♥, writes (6 April 2015):
 I agree find ALL the past e-mails regarding this subject and take them to your attorney. LET HIM/HER deal with this issue.
You ask how involving a lawyer will affect that family dynamics? Well, them bullying you seems to be the "family" dynamics and I DO think a lawyer would put a stop to that.
I don't see why you should now pay for their mistakes.
I don't know if Canadian law is different but I have never heard of a place where NOT filing taxes is EVER the "norm".
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A
female
reader, mystiquek + ♥, writes (6 April 2015):
 I'm so sorry that you are having these kind of problems with your brother and sister. Don't even try to talk to them anymore. Find yourself an attorney and keep every message, email, etc that they send/have sent to you and let the attorney take over. I wouldn't even tell them that you have an attorney..let them find out through him.
My mother in law went through something like this after her second husband died. His daughters were constantly harassing her and trying to get her to pay for things while the oldest daughter had been the executor. It wound up going to court and the attorneys battled it out.
Again, let an attorney take over this headache for you. I hope it works out ok for you.
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A
female
reader, YouWish +, writes (6 April 2015):
 Don't pay another penny. Don't say another word to them. Your lawyer needs to shield you now. Who is the will's executor?? Whoever that is and whoever had your mom's legal power of attorney is the one who's on the hook, so don't let them bully you into bailing them out. You've done enough.
The legal entity now on the hook is your mother's estate, not you. The handler of your mother's estate as directed by the will and as enacted within the proper 30 days after her death is the one responsible. There's no way that 12 years later, this is now an issue without anyone else knowing.
If your sister failed to file for your mother and had power of attorney, she is criminally liable for that. Why on earth did she drop the ball???
Talk to your lawyer, and if your family puts pressure on you, do not talk to them about the case in any way. Don't let them bully or guilt you. Tell them to talk to your attorney.
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