Use any other estate funds you have been able to gather, such as the CPP death benefit or the sale of household contents. Because these accounts are assets of the estate, you will have to get probate to distribute them.Lynne. . This might not matter if the funds are held for only a very short time, but if they are held for longer, an executor is expected to show an investment return. You may be named in a will as someone's estate representative. They refuse to transfer the assets in those account over to the estate account until they receive the probated will. Please advise. No spouse. You will find forms for transferring a vehicle after the death of the owner. The probate was finished March 9 and that same day I gave the probate papers to the bank. By then of course, the 10 days will be long past. So far I have issued one cheque to myself and one to my sister in equal amounts, (as will states it is 50-50 between us) and we are leaving several thousand in the account to cover bills as they come in. If you're currently a joint bank account holder, we can help you decide whether a joint account is the best option for you. If it is only bank policy and not law, however, I am going to protest this, as my brother was laid off a while back and could really use his share of the funds now. I have generated expense report for the Estate, would that be sufficient for the bank to issue me payment?Thank you, You can repay yourself reasonable expenses without any prior approval from anyone. Does my daughter have to pay taxes on this as income for the year? So with Mom's money and the estate cheque it would be around $5,000. Will I have to fly to that province to sign the cheques or is there something that is sent to the bank to release the cheques with only one signature? Royal bank will not allow me to open an Estate bank account, without a probated Will. Ask them to pay the bill from his chequing account. 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. The only thing that could be in issue is the validity of the will. Again, absolutely unacceptable.The situation needs to be cleaned up, and the quicker the better. I think you probably will have to open an estate account.Lynne. What do I do with these cheques, how do I cash and divide them? Do I still need to open up an estate account for tax reasons or other? Can I simply deposit the cheque to her bank account and withdraw it? Perhaps the house would fetch more if it were repaired and restored, but the executors will have to balance that off against the cost of repairs, the cost of insurance and property tax during that time, the odds that the market will stay strong, how much of a gain in price there is likely to be, and the patience (or lack of it) on the part of the beneficiaries. I don't know what you've got in mind when you mention recourse. There is another 400,000.00 in GIC's and a house in my father's name. I am the sole executor and beneficiary of my deceased husband. Lynne. We need to access funds to pay final funeral expenses, property tax, and more importantly estate taxes so we can begin probate.How we do access the funds? What sort of resistance am I likely to encounter from the bank when I try to close them? What purpose it serves would only be a guess on my part. And I don't feel that I should be opening an account for this in my personal name. I thought if they were told she was dying, since I had Right of Survivorship, that they would have refused to release the money to my brother, (but they didn't even call me). 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. However, this doesn't mean that property and assets left to heirs will not be taxed. In particular, the bit about being listed as executor per CRA. When a person dies, most or all of their property is held by their estate, and the executor of the estate must manage the estate through the probate process. Upon her death, the money would avoid probate and be distributed. A cheque was released to to each person on title for a project (including my grandmother whom they knew was deceased) . Does the executor have the right to take the funds to any bank? I (probate granted estate trustee with a Will, and I am also the residuary beneficiary) opened 2 estate accounts for my mother's estate last year. If they won't let you do it your way (which happens to be the correct way) then take all the funds out and put them in a different bank.Lynne. The executor is also a 50% beneficiary of the estate and the amount of the loan is less then 15% of the value of the estate. As a result, few executors know, relying on the issued (or not-issued!) So the only money is what was left in her account and this Estate Cheque from the funeral home. Payable on death accounts A bank account where a beneficiary is named is called a payable on death (POD) account. That really is an awful story. He was suppose to prove to the courts he had no money, but failed to do so, and a lawyer stated he would inform the courts of this, but I needed to pay him $2,000 first. I was told in the beginning the less money in the account the easier it will be to close out I have a felling this isn't so. Lynne. How can he sign papers, cheques if he is not physically able to do so? There is no property involved all all bank accounts other than investments are joint with myself. If you want to discuss the case with me, call my office at 79-221-5511 and make an appointment for a telephone conference at your convenience. It should list there what paperwork they need. Months? I'd suggest sitting in with your banking officer and having a chat. Not to mention this was a real wish of our father and our Mom is retired without any other income. Thanks so much for your prompt and informative response. 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. Accounts are not always frozen. Received his last Canada Pension cheque, issued in the month of his passing but am unable to cash it. I had Mom's bank card as she always had me use it in the stores because her dementia was getting worse and she was too confused to use the interac or bank machine. My question is:What is the best method of paying and having proof that the payment was given to beneficiary? She isn't in the running here. Thanks again! Their process says I should have received a written agreement that is to be signed and returned to them. My mother being executor & beneficiary of all his assets, we did not think probate was necessary, so no application has been made. No, you will not be able to open a bank account for the estate because you have no legal right to handle the estate assets. That's very heavy-handed of them! You are the executor and you need to get control of this situation. In law, you have no right to do so because you've been given the cheque as executor, which means it's in trust for the beneficiaries of the estate. How many times do I hear that in a week? I opened up an estate account when my mother's CPP Death Benefit came in. No, not that I know of. Is it necessary to wait for probate to be completed? DO any banks allow online access to an estate account? Keep in mind though that when you present your accounting to the beneficiaries at the end of the estate, your expenses must show up there. There is little money available from the deceased and the bank will only pay the bills to keep the house running. Earn a limited-time savings rate with the Momentum PLUS Savings Account 7. I am the executor of my uncle's estate. For the 1st distribution she sent it herself to my brother by courier. The things people will do to their own parents is absolutely appalling. Unfortunately there is no law I can draw on to give you permission to by-pass the legal requirements of estate administration.Lynne. Estate Planning. Hi Lynne. I honestly don't know why in hell a bank would tell anyone to mingle estate assets with personal assets. I don;t know what is happening in this particular estate that might make the executor think that. I am the sole executrix named in his will. Estate Administrator: A legal term referring to a person appointed by the court to administer the Estate of a deceased person who died without making a Will. I certainly know plenty of executors who have online access to their estate accounts. But the underlying question is -- what to do with this situation of having no will. You must pay all debts (and it sounds as if you have done so) and taxes, then whatever is left must be divided among the beneficiaries.Lynne. I opinion, you don't go to RBC if you have a non-probated Will. Everything has been done for the estate. On July 21, I escalated my complaint to that bank's ombudsman. We also own property that my mother as executor has never removed my Grandmother from. What should I do? If that gets around, that bank is going to see every cent owned by a deceased person put into estate accounts in other banks that are more reasonable.Lynne. She had one (nonjoint) bank account, a TFSA which had some money in it. I hope other parents read your story because it shows just how careful you have to be when appointing your own kids. Doing otherwise is theft or fraud.Lynne. The 2nd was sent in September from a different lawyer and got "lost in the mail", it never occurred to me with the pandemic and my work to ask to pick it up, I also didn't clue in that she had changed lawyers for the 3rd time without telling me. However this has affected how the tax slips have been filled in. Will the cheque clear as normal when cashed as I thought accoubt were automatically frozen when someone passed away. Bank Accounts Notify the bank and identify yourself as the executor. Hi Lynne: Great and informative blog.My husbands uncle died recently. Is it really the case that I can't get this information if the PEOPLE aren't available? I was told by a local lawyer that if there were no assets that there would be no point spending approximately $3500.00 dollars to become an administrator. You don't have to wait until the will is probated. "Is that the case in every province or are their provincial differences? My dad had no will, no spouse and i am his only child. Paying out of pocket should be the last resort. Instead of avoiding the probate fee, not only does the account still go into the estate, but you may also have to pay for a lawsuit to determine your mother's intention in making the account joint. In my experience, none of the banks are very good at handling estates. 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). I have seen copies of the draft and the amount in the Estate account that was left in March, so I know this is the last big payment left. If your mother "had nothing", there should be almost nothing for an executor to do, so acting as executor shouldn't actually be much bother.I find it really frustrating that people will wash their hands of all work and responsibility for their parents except when it comes to getting some money out of it.Lynne. Can my mother continue to live in the house or does she have to move? Can it be deposited into this account. While this may be slightly off topic, you advised people with a question to move to a blog with less than 200 questions. His house is worth 500k. Is it legal for my mother to deposit that cheque into that joint account.? I paid the expenses (probate fees etc) personally as I was not allowed access to the funds. Make sure the bank realizes that this is the only asset of the estate.Lynne. I opened an estate bank account in BC where I live. Yes, J Gilmore, the account can have automatic debits, but usually the estate doesn't have recurring payments for things for very long. so, this should be easy opening an estate account is just a formality, since all accounts go to me anyways. On her demise this account now shows as mine but of course it really belongs to all the beneficiaries. Utter incompetence on their part considering they should have informed me of this long ago. My sister and I are co-executors of our fathers will. Also, they finally said they will release all the funds via bank draft payable to the estate.? The last bank draft amount is large of course but way under 100K as in total that's approximately what each would get after taxes and expenses. What kind of taxes will estate have to pay and can estate have an RRSP account?? Other terms for estate representative include estate trustee, executor, liquidator and administrator. One employee actually told the two executors to deposit into the account my mother in law held joint with the one vs opening a new one. Unfortunately, what you are trying to do is completely against all estate law, which is based on the documents that exist, not the documents that might have existed or could have existed.Your father left the RRSP beneficiary form with named beneficiaries. We have updated this page to reflect the transition to the 2021 version of the National Occupational Classification (NOC).This means that the occupation "estate secretary" was moved from the group Legal administrative assistants (NOC 1242) to the group Legal administrative assistants (NOC 13111). Do I still need an estate bank account?Thank you,Tammy, I doubt you would need one, simply because there won't be anything to put in there, or anything needing to be paid out of there. Neither of those situations is ideal, but you can only work with the situation you're in.Lynne. Everything else of my husbands, all accounts, homes,, RRSP's etc. The rest of it does not. Clip: "If you're an executor, however, you can open the [estate] account at any time once you take charge of the estate. I was then told a few months ago that it reverted back to the estate because the change was made too close to her death and I have been asking for answers on this for months and finally received a reply that there were more recent documents that changed it back to the estate. Giving Power of Attorney If so, it will pose quite a hardship on her as a student. I went into the bank again and asked to see her but she was in a meeting so another representative took my name and number. 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