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Hi Lynne: Great and informative blog.My husbands uncle died recently. Based on your comment in the second paragraph, how would this apply to funds held with a financial institution in an investment account?If I am executor of my father's estate, and he had an investment account of $500,000, does the financial institution have to pay it out to me as executor if I instruct them to?Isn't it basically standard practice for them to require a probated will before they will liquidate an investment account?Thanks. No, I don't think you can deposit it to your personal account or cash it. They can object to them if they think the expenses are inappropriate.To protect yourself, keep all paperwork such as receipts, cancelled cheques, work orders, bank statements, etc. Hi Lynne, my deceased father's will dated 2015 names my Mother as a sole beneficiary of his entire estate, however does not list every single account he had. I honestly don't know why in hell a bank would tell anyone to mingle estate assets with personal assets. Jobs Estate Secretary in Canada National Occupational Classification update. If that doesn't work, it would be way cheaper to courier the cheques to you to sign and send back, rather than fly there.Lynne. These taxes are applied before the estate is distributed. Lynne. The bank has closed the account and sent the cheque to the estate. She died in January, but now Empire Life says that they made a mistake in allowing me (as POA) to name myself as a beneficiary and want to make a cheque payable to the estate. "Is that the case in every province or are their provincial differences? You may be able to open a bank account with the proper identification in Canada even if: you're not a Canadian citizen; you live in another country; You may need to go to the bank in person to open a bank account. Please advise. My father had a joint investment account with my sister with a right of survivorship which held shares and cash which the bank has put into her name to deal with as she sees fit. She will not sign it. Estate accounts are subject to different reporting requirements than personal or business accounts. I agree that you should not run any estate money through your personal accounts. Appreciate your comments, Ed, Ed, your note rings alarm bells for me. She had one (nonjoint) bank account, a TFSA which had some money in it. Through the firm that handled my mothers taxes we have filed and received a refund for her 2017 taxes. The things people will do to their own parents is absolutely appalling. Perhaps you should go to another bank.Lynne, Hi Lynne, my husband recently passed. Unbelievable! Earn a limited-time savings rate with the Momentum PLUS Savings Account 7. Open an account online in about 20 minutes or apply in-branch. Someone at the bank is a bit too enthusiastic and I'm sure they are trying to help, but they are giving you wrong advice. While I can understand banks protecting themselves by not allowing withdrawals - I can't wrap my head around changing the interpretation of these tax slips? I could look at them online, print transaction records, and transfer funds in or out if necessary or as required. If you don't get the funds that way, bump the issue up the line through the bank channels as a complaint.Lynne. Royal bank will not allow me to open an Estate bank account, without a probated Will. Your authority to open the account arises from the will. They have no say over what an executor does with an estate account. Now the bank is on the hook for the full funds because they released the funds to the wrong person. Follow: Services and information Making a will and planning your estate Making and updating your will, naming your estate representative and funeral planning. Banks do have an alternate process in place for cases like this where the cost of probate would take the whole account. Contact a Calgary Wills & Estates Lawyer today I was hoping to close it out so there will be final closure to his estate ( there is not much to it ). Only debtscredit cards, car loan and revenue Canada as well as money owing to Eastern health for medications. Estate settlement services are offered through National Bank subsidiaries. What do I need to do with this cheque? There was no need to set up an estate bank account, as all three banks released the assets prior to my mother's death. I asked to see the documents and they refused to show them to me and also refused to give me a contact name and number of the registered office because I am not a member of the credit union. Although I am the executor and sole beneficiary of my husband's will and whereby he was mentally incapacitated for the past 4 years and we never had set up power of attorney before his brain injury, his estate is in the position with me as executor to receive his inheritance. Because these accounts are assets of the estate, you will have to get probate to distribute them.Lynne. I attempted to open an estate bank account along with my co-executor and was told I would have to wait until the Court issues the probate letters. Thank you. Accounts are not always frozen. CIBC opened an Estate account on my application based on my provision to them of the notarized Court Appointment. The taxes on capital gains on the shares were paid after filing my father's final tax return. Everything else of my husbands, all accounts, homes,, RRSP's etc. Why on earth doesn't she just do the paperwork before this all hits the fan? slips. Can I simply deposit the cheque to her bank account and withdraw it? CIBC are certainly entitled to require my ID as sole trustee. He is depositing estate money into his personal account instead of an "Estate" account. In reading their most recent annual report, the office of the ombudsman outlines the complaint process and time for resolution. However, keep in mind that as an executor, your obligation is to wind up the estate as efficiently and quickly as possible. My question is do I actually need a CAET or is the bank being overly zealous? Did the TD bank error in allowing this as she was only one of three executors? Strictly speaking, the bank would be entitled to insist that you open an account in the name of the estate, but sometimes you can find a bank manager with compassion who will cut you a break. We represent both estate trustees and beneficiaries deal with this crucial part of the estate administration process. I was initially executor and stepped down due to personal reasons. There was no will.Thank youWendy. Thanks. I have some Estate litigation lawyers names but want to know if I can realistically get her to replace that cheque so I can have my money. I'm not an expert on criminal law but it seems to me that if she is pretending your grandmother is alive and depositing a cheque made to your grandmother, that is fraud. I would like to reference your site to them. However in the last through s of her life when I could see the end was at hand I put as much available cash in this account because I knew joint accounts would avoid probate. We are also the only two beneficiaries. Banks drive me nuts, for exactly the kind of thing you've just described.Lynne. Will I need to go to a bank and set up an estate account and can I do this without needing probate? Could I be charged with fraud?Thank you for your blog BTW, it's been very informative and helpful. What can I do? I think you probably will have to open an estate account.Lynne. We have one year remaining on the lease of the house we are renting, and her portion of rent will be drawn from this account as well. Scotiabank's Getting There Savings Program for Youth is one of the best youth accounts in the country. I've been advised by the bank they need to "take" a copy of the original will.Why do they need to copy it and send it to their estate dept.? Is it necessary to wait for probate to be completed? As a result, few executors know, relying on the issued (or not-issued!) Note that the credit union confirmed probate isnt required as the total amount of the estate is around 10,000.Thank you. Dear Lynne, I live in Ontario. That institution is causing me a lot of distress by not allowing me to deposit items or pay small liabilities on her account. This is clearly a "screw you, this works for us" policy on behalf of the banks.Keeping detailed records makes sense. Contact the financial institution for more information. I did have her Enduring Power of Attorney however we didn't get any documentation signed for Power of Attorney or Executor in the event of her death. An estate account makes it easy for the executor to endorse and deposit these payments. She does not want me to see or access any of our moms personal documentation, banking information or personal paperwork she has in her possession. Can Laurentienne refuse to transfer the funds from my decesased uncle's account to BMO? You can arrange that expenses such as funeral costs, taxes and utility bills be paid from the deceased's accounts. An estate account is a financial tool used to manage the estate of a decedent. There are 5 of us siblings and my 4 siblings have all agreed that I would take care of Mom's account. I was joint POA with my brother, but my mother only added my name to her bank assets, explaining to them that she wanted me to have Right of Survivorship on all assets. To open an estate account, you need to go to the bank and request that they open an estate account. The first stage of estate planning is preparation. Hello. The category names can change to accommodate the estate activity. You can close it if you want to.You haven't said who the beneficiaries of the estate are. My mother passed away in mid-March. That is my main concern now. Is it really the case that I can't get this information if the PEOPLE aren't available? My bank, BMO, charges nothing for an estate account. For example there could be some doubt about the validity of the will or dispute among the beneficiaries about the will. Thanks again! Do I get bank drafts and a contract made up?One beneficiary is a minor. It's as if the deceased were being taxed, rather than their heirs. Sometimes not applying to administer the estate is the best strategy.Lynne. Lynne. I somehow doubt this, but if yes, what additional documentation would be required?2.What are the ramifications of moving money from her account as it is today to myself for repayment? One bank in which the deceased has an account and who also know my mom from frequently coming to the bank as she was not an online banker are paying the bills as the moment for the house. We have an appointment with the bank (RBC) tomorrow to open an estate account in order to deposit this check. I would much rather deal with my Bank. If that executor feels strongly about it, he or she can give funds from their executor's fee or from their share of the estate.Lynne. No probate is required. Question we have just received a cheque to the Estate of my Father, so don't know what to do with it. It clearly names me as the Estate Trustee. He has suffered a stroke and is slowly recovering but very difficult to communicate with him. This does seem like a genuine mistake, but certainly a preventable one. I suspect you may be right that someone has made a mistake and is stringing you a line of BS to try to cover it up. The estate accounts themselves are different from the original receipts, cheques, bank statements, etc. The bank will simply remove the parent's name from the account upon receiving proof of death, leaving the surviving account holder with full access to and legal ownership of the account. In determining the level of risk, they should take into account that there is a will and it leaves everything to your mother. They did have one joint account. Since I only have about $500 a month to live on after the bills are paid, I can't afford it. I just found out that the bank where the estate accounts exist is increasing fees for idle/dormant accounts (which these are, essentially) and I'd like to avoid being nickel and dimed for service fees. This had to go to their Head Office and it would take about 2 weeks. Went in to my local branch to start distributing funds to the beneficiaries when to my utter shock was informed the Probate papers had been rejected by the Estate Dept's legal wing due to the inability to read to signatures on the will, thus not allowing me to touch any of the funds. I assume what is going on is that your husband was the sole owner of the funds. Hi Braeby,Who on earth are the people telling you that assets are in or out of the estate? Please don't tell me you just walked away and left the estate alone for 5 months! This might be repairing and restoring or it might not. Be cautious about disbursing funds until you have 100% control of the situation and know for sure what's out there.LynneLynne, Hi LynneMy mom passed away about a year ago, my sister and brother and I were all executors. He has a spouse. The ONLY cheque to come in was a refund from the cable company (5 months after I cancelled her account, PRIOR to her passing), and it is made payable to her estate, with my name and address underneath. Do I actually need any sort of approval? My mother passed away January 19, 2020. It's 2500.00. we are now waiting to hear from CRA, and if everything is ok he will apply for clearance certificate. There is enough money in the account to pay the lump sum payments and still cover any surprises that may come up before final tax clearance is issued. I received a letter to say that Mom didn't qualify for the Canada Pension Death Benefit as she didn't pay in for enough years. Do to their Head office and it would take care of Mom 's account to BMO earth does she. Your mother royal bank will not allow me to deposit this check & # x27 ; s Getting Savings! To wait for probate to distribute them.Lynne her 2017 taxes what do I actually need CAET... 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