I know this is an old topic, but I have a question. This is certainly not the law, but must be an internal policy of the bank. That is not the law any longer, when we are talking about inter-generational accounts. As his mother I took care of his arrangements and the funeral home applied for CPP. Geography means I cannot do it in person. The bank has no say on what or who gets paid. I have 2 brothers and we were all named beneficiaries. There is money in the trust account for my dad supposed to be $50,000 and till today we don't know what happened to it.The thing now is,the money in my Dad's bank account here in Canada we cannot have access to it the Royal bank wants a probate and when I went to the Probate office the chap said " no way will it go through ".So what, does the banks in Canada have the rights to our parents money ?I was the Power of attorney and yes of cause and i cannot do anything afer one passes.Lynn you see how complicated this is and now we lose the land and the money .If there is less then $25,000 I know some banks release the money but Royal Bank refuses and I have been in touch with the head office and they suggested a probate and by the time I do it there will be nothing left .Please can you help me ?Thanks, Roberta, Roberta, yes I can help you, but not on a blog post. I was hoping to close it out so there will be final closure to his estate ( there is not much to it ). I went back into the bank and asked to speak with her and again I had to leave my name and number. However, keep in mind that as an executor, your obligation is to wind up the estate as efficiently and quickly as possible. But the underlying question is -- what to do with this situation of having no will. The bank has closed the account and sent the cheque to the estate. In determining the level of risk, they should take into account that there is a will and it leaves everything to your mother. Hi Boobes,Trying to understand your question. Hello, I have a two-part question.I am the executor listed in the will of my deceased mother. In particular, the bit about being listed as executor per CRA. In the next breath the employee told the other executor, the old account is now yours and you can take the Money and run. I can completely sympathize with your situation because I have my own ongoing battles with banks' legal departments on my client files.Whether or not the people at the legal department can read the signatures, the judge of the probate court could, and did. A cheque was released to to each person on title for a project (including my grandmother whom they knew was deceased) . I would certainly hope that a bank would allow you to cash a government-issued cheque without opening a new account for it. Is it different when somebody has no chequing/savings accounts? Hi LyneI am the executor of my mother's estate . My sister had a chequing account and she passed away without a will 7 years ago. 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. We represent both estate trustees and beneficiaries deal with this crucial part of the estate administration process. As long as the executors are being reasonable and acting in good faith, they are carrying out their duty.Lynne. There is a house and some GIC's. My sister and I are co-executors of our fathers will. Depending on how long you keep the funds untouched and whether you pair it with a premium chequing account, you can earn up to 4.60% on your savings (includes limited-time bonuses). Hi there If I was listed as executor as per cra but they dont give you anything to prove that, can I still open the account get the refunds from cra and close the account without this probate? Which we can't do until we pay estate tax. Thank you. We have had nothing but problems with this bank and I was advised by our attorneys to open an account with my own bank who I was familiar with. I certainly hope that the bank will verify by looking at the will, as this is what they are supposed to do. Their job is to hand over the account once probate has been granted. The other financial company with all the investments left, did not require probate and it was a significant sum. . Since 2007 it has been the law in Canada that joint accounts between a parent and an adult child that were set up for the purpose of avoiding probate are not true joint accounts and must be paid into the estate of the parent. Contact the financial institution for more information. It never works when people try to make square pegs fit into round holes by using financial instruments and legal documents to do things they were never meant to do.Anyway, enough lecture. What about interest, death, separation/divorce etc.2 - He has advised us it will take 4 years before money can be distributed since Canada and the Ontario Ministry of Finance have a 4 year window to assess/reassess estates. There is still estate activities going through her bank account and I recently switched her mortgage company. i have a will, am the executor, and can open an estate account if necessary. You have the right to deal with the account as well as the risk if you screw it up, so they aren't in a position to put up any resistance.Lynne. You can expect to lose about 30 - 40% of it in taxes.Shouldn't you have figured all of this out BEFORE you complained for months?Lynne. No, not that I know of. My question is when can I close the estate accounts? Estate accounts are 'prepared by the estate trustee'. My dad passed away and has no will, no assets, no liabilities, no bank account. The taxes on capital gains on the shares were paid after filing my father's final tax return. Hi Lynne, our mother passed away in February this year. The TD bank allowed my brother to even close accounts, and cash in GICs and made all assets payable to him. My mother passed, without a will. The house just had a major fire and two of the executors want to sell the house as is (with the fire damage), settle with the insurance company and distribute the settlement proceeds as part of the estate. There are only two options. By this I mean a proper account set up, funds properly deposited, interest properly paid to the account, nobody else with access to it, and a full, accurate accounting of every penny. The alberta bank is insisting on probate. 2024 Real Estate Capital Partners Summer Analyst - Dallas, TX Job Description RBC Real Estate Capital Partners The Real Estate Capital Partners ("RECP") platform was created within RBC as the bank's principal investment platform focused on real estate finance products supporting institutional firms and top tier operating partners. Other banks are also refusing to open estate accounts. My dad had no will, no spouse and i am his only child. The primary focus of the Account Specialist, Real Estate is to prepare credit applications, actively participate in credit structuring, risk management and client facing support. They also commit to resolving complaints within 90 days, which would take the matter to the end of October. HI Lynn, My case is very complicated,it started with the land my mum bought 5 acres of land in Fiji and she got her first cousin Vana to handle things to sell the land which mum got many offers even for $450,000.00 but mum trusted her daughter-in-laws family the lawyer she hired and her cousin in Fiji.when our beloved mother passed away notary Sublock Sublock never even got mum to sigh her Will even though we paid $170 fee for that one home visit Mr.Sublock refused to help us and we sent mum's old Will which was Notarized and the Fiji Courts refused to accept it and my dad was next of kin now they said Vana and fiji lawyer Ulamila Tuipuku said that my dad needs to do a Probate and I sent $3,500 for court/lawyer/probate and months down the road Vana and Ulamila said that the court won't accept the Probate that they wanted her in my Dad's WIll which he "WE HAD A DEAD LINE OR LOSE THE LAND " we said that was crazy and we went through with that and so so and we went through Mr. Sablock again because he had the history regarding the land and my mum's information etc.My dad wanted to sell the land because there was squatters on the land and two churches was already built on land without permission and you wonder who was minding the place.When I made an offer to a performance on the land Vana was so upset she was yelling and I said okay you have 6 weeks and she said she already had the money and we'll we waited and waited for the paper work.When I tried from May 2012 til Feb 2013 to get the lawyer to send papers yo sell the land she was making all kinds of excuses and we sent thousands of dollars for court cases and the land .The thing is after my dad passed away the first thing Vana said is remember that I'm the excutor on the Will and no one can go above me and I was do she said none of your kids can go above my head and this just to show she knew what she was doing .We'll after all that she said that the land is in her name and the lawyer who was supposed to be working for my dad was working for her and went against both my parents. It's always a guessing game.The duty on the executors is to examine all options and go with what makes the most sense to them. I want to pay his bills first and then divide up whats left when I know there are no more debts to pay. The reason we were fighting is because our understanding is that the Will should trump every other document completed before the Will. Since I am sole beneficiary and will receive the cheques to his estate, how do I set up the estate bank account. What if there was a mortgage on the property (there isn't). I also wanted to be sure her remaining bills were paid (less than 1K).In July I received a notice from one company that the account had been sent to a collection agency. No, the executor cannot make gifts that were not mentioned in the will. There are RSP's that are to be transferred into the estate account to help pay for the funeral. It will be the job of the estate's executor to set up and monitor the account. TD gave him such a hard time. After it is all said and done the money will be divided between all 5 of us. How an estate is distributed Accounts are not always frozen. She asked each bank was this a problem, each said it was not a problem. Your blog is very informativeThank you. Should I be raising cane at TD? When I do here final tax return for this year, I believe she is only entitled to Ontario tax credits and GST. It must be a policy that TD has established. The other is to ask the funeral home to wait until the house sells. I suspect what they are talking about is that certain beneficiaries, such as spouses, usually have 6 months to make a claim against an estate, so executors usually wait out that time period. This gets more frustrating by the day as I hear more and more stories of banks requiring random and irrelevant paperwork for estates.If they are being obstructive they obviously don't want your business so why not take it elsewhere. Death benefits are administered by the federal government. 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