Co-Executor of Estate

[frustratedwithex]

You don't need to use a lawyer. I used one because I thought I would get a deal (wrong) and I have to admit I was lazy and after divorce crap I didn't want to have to deal with any legal things at the time.

I found out afterwards that it wouldn't have been a big deal to do it myself.

Do some research (online) about what steps you have to take. Believe me, if you do something incorrectly, CRA will point it out to you. Actually, CRA will likely be able to help you do what you have to do. I'd check out all of the free resources available to you.

Many, many people do not have money to hire lawyers and, like family law, have to do it themselves.

I know I was totally stupid to have hired a lawyer, particularly when it was a simple, straightforward estate that had to be settled.

At this point it is a time thing. I work 2 jobs and my brother works out of the country, he is home right now but will leave to go back to work, (he doesn't know when).

I am looking for a "what to expect", before going to the lawyer and accountant.

I understand that the filing/printer fee to apply for a grant of probate is around $400. Add to that the lawyers time, what would then account for the approximate other $2000?

My dad was having an accountant prepare his taxes for him the last 6-7 years. The accountant was charging him under $150/year, what would drive the cost up now that the taxes are filed for the estate?

thanx

 

[mcdreamy]

If all he had was basically the condo, I think you and your brother are capable of applying for the Certificate of Appointment yourselves.

The Form 74 is available online (this is in Ontario, correct?).
Rules of Civil Procedure Forms — Ontario Court Services

You will need to see a notary public/lawyer merely to swear your signatures and your exhibits (the exhibit being the original will); attend at the appropriate court house and file it with the clerk. Leave her with your contact information (email/phone), and they should contact you if they have any issues/questions about your application.

If you are selling the condo, you'll need a lawyer -- perhaps the lawyer you are using on that sale will see you and your brother to swear your signatures. That real estate lawyer will need a copy of the Certificate once you have it in hand to complete the sale.

So save the estate some money, no lawyer, but hire an accountant to do the returns [I hate that part of it!, and that's where it really matters -- calculating the tax]