Executer acting shady
This is a discussion on Executer acting shady within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Canada My Father died recently and the executer of the will is a long time personal friend (and attorney) of ...
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Junior Member
Join Date: Sep 2008
Posts: 1
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Canada
My Father died recently and the executer of the will is a long time personal friend (and attorney) of his and used to be to my mother. My Father separated from my mother years ago but never agreed to divorce. After they separated the executer convinced my Mother to sign away her rights to his government pensions so that he could invest them private. My Father moved in with the woman he left my Mother for. I had told my Father a year ago that it was unfair that my Mother would get nothing when he reached 65. My Father was diagnosed with cancer 5 months ago. I visited him and a week before he died, he assured me that he and his girlfriend had anagreement that they wouldn't get anything from each other and that all was going to me. He told me that some of it was ongoing payments that I could transfer to my Mother (this later I found out was the private pension). After he died, the executer wrote to me itemizing the monies going to me and the will included half of his life insurance going to his girlfriend and half going to me. His private pension listed as all going to me. and some of my father's belongings went to the executer with the rest going to me. 2 weeks passed and the executer wrote another letter to me stating that now half of the private pension was going to the girlfriend and that my grandmother was getting a small percent of the life insurance. The executer told me that my father made the insurance change a week before he died and that he (the executer) made a mistake in telling me that all of the private pension was going to me. My Father said the private pension was going to me a week before he died and the initial letter from the executer said the same. The executer was the same one who initially set the thing up. When I questioned him over the coincidence, he said that the latest arrangement was made in 2007 and that he just made a mistake in how he told me and that he was just following my Father's wishes. I believe my Father DID tell him from the hospital bed to make me the only one on the private pension (just like he told him to include a small amount for my Grandmother), but he decided to not change the paperwork. The executer is good friends with the girlfriend. My questions: Is there anything aside from asking for the will that I can do? It seems that if my father entrusts the executer to do something and he doesn't do it, there's no proof. Also, does my mother have a chance at making a claim to the private pension? They are not divorced. Anything else I didn't think to ask would appreciate an answer as well. Thank You anyone! I just want justice for my mother who lives in a very tiny apartment with no ability to retire. I am proud of my Father when I never had been before, and his girlfriend owns a house and is doing quite well Thanks, 4myMom Last edited by 4myMom; Sep 1st, 2008 at 02:13 PM. |
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