Will and Probate

[tbiddy]

I was wondering if anybody as any insight in how to take care of everything after somebody passes.

The MIL found out last week that she has cancer and is already in palliative care. She is somewhat with it and has good times and bad times. Me and the wife are trying to get most stuff dealt with before she passes.

She has a very simple will. It’s typed out and witnessed. It states that everything is to be split with my wife and our niece (my wife and MIL raised her since she was a week old). She lives on the SK side of Lloydminster. Her house will be paid off (assessed at just over $200k). Her credit card will be paid off ($1500) and her car will be paid off ($20k). She has a $10k life insurance policy through Blue Cross.

After she passes what do we do? We both really have no clue. The bank has been great as the MIL and the lady at the bank have known each other for 20yrs. She told us not to spend any money that’s in the account ($1500) and that we will have to get a lawyer to probate the will.

Any advice would be appreciated.

[Cement Bench]

you can do the probate docs up yourself

self counsel press used to have books on estates, some were done for Alberta

try those first, lawyers charge even for simple estates

it is worth it if you,have time, forms are pretty easy

[waldedw]

I was wondering if anybody as any insight in how to take care of everything after somebody passes.

The MIL found out last week that she has cancer and is already in palliative care. She is somewhat with it and has good times and bad times. Me and the wife are trying to get most stuff dealt with before she passes.

She has a very simple will. It’s typed out and witnessed. It states that everything is to be split with my wife and our niece (my wife and MIL raised her since she was a week old). She lives on the SK side of Lloydminster. Her house will be paid off (assessed at just over $200k). Her credit card will be paid off ($1500) and her car will be paid off ($20k). She has a $10k life insurance policy through Blue Cross.

After she passes what do we do? We both really have no clue. The bank has been great as the MIL and the lady at the bank have known each other for 20yrs. She told us not to spend any money that’s in the account ($1500) and that we will have to get a lawyer to probate the will.

Any advice would be appreciated.

Sorry to hear of your impending loss, condolences to your wife and all the family, it's never easy loosing a loved one much less dealing with all the legalities.

In effect you will be the executor of the will, my MIL just passed on Jan 29 and I am one of the executors of the will, google is your friend, there is a great document available to print off that outlines your duties step by step and timing of critical documents, like CPP and OAS etc. it's about 3 pages but really leads you through the process.

The funeral home also takes care of some of the stuff, use them and pick their brain, they were a great help to us.

Take care and be safe
Ed

[artie]

I would go and talk to the funeral home now as they helped me so much when my mom passed. They had a booklet that had all the forms. There are some grants if she was on Canada Pension.
If the house could be put in your wife's and nieces name somehow now I do not see enough assets for the bank to make you go through probate. Talk to a realtor to see if he can help you out.
Some banks will let you have funds to pay the funeral expenses right away and some banks will not let you pay the funeral expenses until after probate. Ask your bank about that.
The bank made us go through probate and it cost around $4500
I just had my will redone and the lawyer told me he charges $7000.00 for probate.
Probate sucks but then everything is done legal so someone cannot come at you for some of the funds.
If you cannot get along with the bank transfer the account to a large city bank that deals in lots of estates.
my advice to you so you do not blow a gasket is to get as much help as possible. Use the funeral home for advice, use the banks use whoever can help you out.

[esher]

Do it yourself, i did so did my cousins. The lawyer speall they charge by percentage is total thievery. A 100000 dollar estate or 10 million debt free is the same work, and not much either for what they charge.

[MyAlberta]

Have her place her heirs on property title. Done.

[nelsonob1]

As others have said its straight forward if nothing is contested. If there are any family disputes, get someone else to do it.

Sorry for your loss.

[leaffan]

Have the title to the house put in joint names to avoid a capital gain tax

[Grizzly Adams]

I think Alberta has the lowest probate fees in the country, peanuts compared to the other provinces.

In Alberta, the maximum Probate Fee payable is $400.

Grizz

[tbiddy]

So my MIL passed away about a week ago. She went fast (a week from cancer diagnosis) so she was unable to take care of all things in her estate.

She has a very simple will. It’s typed out and witnessed. It states that everything is to be split with my wife and our niece (my wife and MIL raised her since she was a week old). She lives on the SK side of Lloydminster. Her house will be paid off (assessed at just over $200k). Her credit card will be paid off ($1500) and her car will be paid off ($20k). She has a $10k life insurance policy through Blue Cross.

I can find the paperwork to take care of the probate (only seems to be about 7 forms to fill out). It seems quite easy. Where I’m stuck, is that I can only find the forms if there is a will and an executor named. The will is signed and witnessed but no executor named. I’m directed to stuff that tells me I need a Letter of Administration but that seems to be only if there is no will. Does anybody have any experience in this department? Would really like to save some money. Just paid $4000 for the simplest cremation with no service or urn. Dying is expensive!

[tbiddy]

dbl post

[tbiddy]

dbl post

[Howard Hutchinson]

So my MIL passed away about a week ago. She went fast (a week from cancer diagnosis) so she was unable to take care of all things in her estate.

She has a very simple will. It’s typed out and witnessed. It states that everything is to be split with my wife and our niece (my wife and MIL raised her since she was a week old). She lives on the SK side of Lloydminster. Her house will be paid off (assessed at just over $200k). Her credit card will be paid off ($1500) and her car will be paid off ($20k). She has a $10k life insurance policy through Blue Cross.

I can find the paperwork to take care of the probate (only seems to be about 7 forms to fill out). It seems quite easy. Where I’m stuck, is that I can only find the forms if there is a will and an executor named. The will is signed and witnessed but no executor named. I’m directed to stuff that tells me I need a Letter of Administration but that seems to be only if there is no will. Does anybody have any experience in this department? Would really like to save some money. Just paid $4000 for the simplest cremation with no service or urn. Dying is expensive!
>>
Sorry for your loss. Even in knowing, its always sad when it comes. All the best to you and your Family.

[Howard Hutchinson]

So my MIL passed away about a week ago. She went fast (a week from cancer diagnosis) so she was unable to take care of all things in her estate.

She has a very simple will. It’s typed out and witnessed. It states that everything is to be split with my wife and our niece (my wife and MIL raised her since she was a week old). She lives on the SK side of Lloydminster. Her house will be paid off (assessed at just over $200k). Her credit card will be paid off ($1500) and her car will be paid off ($20k). She has a $10k life insurance policy through Blue Cross.

I can find the paperwork to take care of the probate (only seems to be about 7 forms to fill out). It seems quite easy. Where I’m stuck, is that I can only find the forms if there is a will and an executor named. The will is signed and witnessed but no executor named. I’m directed to stuff that tells me I need a Letter of Administration but that seems to be only if there is no will. Does anybody have any experience in this department? Would really like to save some money. Just paid $4000 for the simplest cremation with no service or urn. Dying is expensive!
>>
Sorry for your loss. Even in knowing, its always sad when it comes. All the best to you and your Family.

[pikergolf]

So my MIL passed away about a week ago. She went fast (a week from cancer diagnosis) so she was unable to take care of all things in her estate.

She has a very simple will. It’s typed out and witnessed. It states that everything is to be split with my wife and our niece (my wife and MIL raised her since she was a week old). She lives on the SK side of Lloydminster. Her house will be paid off (assessed at just over $200k). Her credit card will be paid off ($1500) and her car will be paid off ($20k). She has a $10k life insurance policy through Blue Cross.

I can find the paperwork to take care of the probate (only seems to be about 7 forms to fill out). It seems quite easy. Where I’m stuck, is that I can only find the forms if there is a will and an executor named. The will is signed and witnessed but no executor named. I’m directed to stuff that tells me I need a Letter of Administration but that seems to be only if there is no will. Does anybody have any experience in this department? Would really like to save some money. Just paid $4000 for the simplest cremation with no service or urn. Dying is expensive!

Go see the clerk at the court house, I believe there is a form where you can apply to be the agent for the estate. I probated my Dad's estate, the clerks where very helpful.

[graham1]

My condolences to you and your family.
Losing someone is always hard.

When my mother passed 10 years ago or so. The absolute biggest pain in dealing with her estate was trying to get her mail forwarded to me.
We both lived in the same small town forever. And we both knew the folks working at the post office.
Federal govt rules. They needed all kinds of legal paperwork to forward her mail.
And you’re gonna need to get her mail for at least a year.
Tax statements for 2021 and who knows what else won’t show up until next year.

Trust me. Get yours or your wife’s name on her po box if you can.
It’ll save you a lot of headache in a time when you don’t need more aggravation.

My $0.02

[MyAlberta]

https://www.cplea.ca/wp-content/uploads/GrantofProbateorAdmin.pdf

[Buckhead]

https://www.cplea.ca/wp-content/uploads/GrantofProbateorAdmin.pdf

There is an important sentence in that document that might apply;

"If all the deceased's property is owned in Joint Tenancy or has named beneficiaries then getting a grant of probate or grant of administration will not be necessary."

I am the Executor of my sister's estate in Saskatchewan.
I did not have to apply for either. All properties were in Joint Tenancy and other assets including insurance policies had specifically named beneficiaries. I carried the original copy of the Will and had no issues. Had to show my ID. That is it.

[Buckhead]

There is an important sentence in that document that might apply;

"If all the deceased's property is owned in Joint Tenancy or has named beneficiaries then getting a grant of probate or grant of administration will not be necessary."

I am the Executor of my sister's estate in Saskatchewan.
I did not have to apply for either. All properties were in Joint Tenancy and other assets including insurance policies had specifically named beneficiaries. I carried the original copy of the Will and had no issues. Had to show my ID. That is it.

And the death certificate.

[tbiddy]

There is an important sentence in that document that might apply;

"If all the deceased's property is owned in Joint Tenancy or has named beneficiaries then getting a grant of probate or grant of administration will not be necessary."

I am the Executor of my sister's estate in Saskatchewan.
I did not have to apply for either. All properties were in Joint Tenancy and other assets including insurance policies had specifically named beneficiaries. I carried the original copy of the Will and had no issues. Had to show my ID. That is it.

It’s a typed up will that has been signed and witnessed. It isn’t broken down specifically but it does state that all of my MIL’s assets are to be split with my wife, our niece(her granddaughter) and $1000 to be put in a trust for her great grandson. The life insurance policy had named beneficiaries and that is being paid out this week. She was in SK so I’m finding some things are a little different than what I’m reading for AB.

[Buckhead]

It’s a typed up will that has been signed and witnessed. It isn’t broken down specifically but it does state that all of my MIL’s assets are to be split with my wife, our niece(her granddaughter) and $1000 to be put in a trust for her great grandson. The life insurance policy had named beneficiaries and that is being paid out this week. She was in SK so I’m finding some things are a little different than what I’m reading for AB.

Yes they are. I don't know who you talked to at the bank but you might need to go higher up the chain. If the names are in the Will there might not be an issue. I went to my sisters bank in Saskatoon, showed them the Will, my ID, and the death certificate. They said no need for probate.

[tbiddy]

Yes they are. I don't know who you talked to at the bank but you might need to go higher up the chain. If the names are in the Will there might not be an issue.

We have a meeting at the bank tomorrow morning. Hopefully we can get some clearer indication of what is exactly required.

[MyAlberta]

Banks set the trigger level as policy. 10k was a common number years ago.

[Gammaboy]

I forwarded my dads home phone to my cell for old friends that didnt know he passed. They get to hear from me vs a disconnect notice. I still get the odd call almost 2 years later and talking with his friends freshens his memory to me.

[tbiddy]

Thanks for the advice given in here. We tried to do the probate ourselves but it was rejected and sent back. Of course they don’t tell you what was wrong. It is for Sask and I found they are a little different (and more expensive) than AB.

The best I can guess is I messed up the value of the estate. I estimated the value of the house rather than the equity. That changes the fees paid to the court quite a bit ($2000vs$500). Since it was a holograph will that was witnessed I needed to get a form filled out by the witnesses and notarized. The only other thing is there is a $1000 to be put in a trust for our 3yr old great nephew and we have a feeling that may have been an issue too.

Does anybody know if there is a resource that helps you fill out the forms for Saskatchewan? My mom got a book for my dad but it’s AB and their forms are different. We talked to a lawyer and they were impressed with what I did but want to charge me about $3500 to probate. If I can fix my mistakes it’ll cost us around $750. Hate to pay almost an extra $3000 and find out I only missed one or two things.

[pikergolf]

Thanks for the advice given in here. We tried to do the probate ourselves but it was rejected and sent back. Of course they don’t tell you what was wrong. It is for Sask and I found they are a little different (and more expensive) than AB.

The best I can guess is I messed up the value of the estate. I estimated the value of the house rather than the equity. That changes the fees paid to the court quite a bit ($2000vs$500). Since it was a holograph will that was witnessed I needed to get a form filled out by the witnesses and notarized. The only other thing is there is a $1000 to be put in a trust for our 3yr old great nephew and we have a feeling that may have been an issue too.

Does anybody know if there is a resource that helps you fill out the forms for Saskatchewan? My mom got a book for my dad but it’s AB and their forms are different. We talked to a lawyer and they were impressed with what I did but want to charge me about $3500 to probate. If I can fix my mistakes it’ll cost us around $750. Hate to pay almost an extra $3000 and find out I only missed one or two things.

That really sucks. Our Court Clerks would not even accept our application until it was right. The girl would go through it and tell me what the judge wouldn't like about it. We fixed it up, she checked it over, and then handed it in. Excellent service.

[tbiddy]

That really sucks. Our Court Clerks would not even accept our application until it was right. The girl would go through it and tell me what the judge wouldn't like about it. We fixed it up, she checked it over, and then handed it in. Excellent service.

Because of Covid we are not allowed in the court house. We had to go to the Queens Bench in Battleford. Drop the paperwork off with the sheriff at the front. He took it to the clerk. She called with a cost ($7 per every $1000 of the value of the estate). We went and got a bank draft. Dropped it off again with the sheriff. Two days later we got everything back telling us we should hire a lawyer. I feel we are close I just don’t know what we’re missing. It’s frustrating.

[Cement Bench]

Because of Covid we are not allowed in the court house. We had to go to the Queens Bench in Battleford. Drop the paperwork off with the sheriff at the front. He took it to the clerk. She called with a cost ($7 per every $1000 of the value of the estate). We went and got a bank draft. Dropped it off again with the sheriff. Two days later we got everything back telling us we should hire a lawyer. I feel we are close I just don’t know what we’re missing. It’s frustrating.

Ask them in writing after calling them

talk to the clerk who wrote that

THEY HAVE NO LEGAL RIGHT TO ENFORCE A LAWYER ON,YOU

GOVT EMPLOYEES ARE LAZY AND MOST SHOULD BE FIRED WITHOUT A PENSION

[tbiddy]

Ask them in writing after calling them

talk to the clerk who wrote that

THEY HAVE NO LEGAL RIGHT TO ENFORCE A LAWYER ON,YOU

GOVT EMPLOYEES ARE LAZY AND MOST SHOULD BE FIRED WITHOUT A PENSION

They are not “forcing” a lawyer on us per se. They sent the completed paperwork back with a letter. The letter said we made a decent attempt at completing the paperwork however it would benefit us to seek the services of a solicitor if for no other reason than to seek legal advice about our mother’s estate.

Like I mentioned above; I’d hate to spend the extra $3000 to find out that I missed one or two forms that are easy enough to fill out. If that’s all it takes I can complete those forms and pay the court approx $750. All friends and family that have done probate are located in AB or any that were in SK didn’t have to do probate. I’m kind of shocked that somebody doesn’t sell some kind of guide like you can purchase in AB.

[riden]

They are not “forcing” a lawyer on us per se. They sent the completed paperwork back with a letter. The letter said we made a decent attempt at completing the paperwork however it would benefit us to seek the services of a solicitor if for no other reason than to seek legal advice about our mother’s estate.

Like I mentioned above; I’d hate to spend the extra $3000 to find out that I missed one or two forms that are easy enough to fill out. If that’s all it takes I can complete those forms and pay the court approx $750. All friends and family that have done probate are located in AB or any that were in SK didn’t have to do probate. I’m kind of shocked that somebody doesn’t sell some kind of guide like you can purchase in AB.



I am in a similar boat, and I am just as surprised. I downloaded the package from the Queen's printer, but it isn't a great help.

You would think a package with instructions and examples would be available. If it is, I sure can't find it.

Can I ask how long you waited to hear back from the court after you filed?

[tbiddy]

[/B]


I am in a similar boat, and I am just as surprised. I downloaded the package from the Queen's printer, but it isn't a great help.

You would think a package with instructions and examples would be available. If it is, I sure can't find it.

Can I ask how long you waited to hear back from the court after you filed?

I know there is a book for AB. My mom purchased one for my dad back in 2013. It came with a CD also.

For our stuff in SK, we dropped it off in person in Battleford on a Tuesday. We received the rejected package through registered mail 2 day’s later on a Thursday. We thought, wow that was fast, and thought it had been done. It was just them returning our bank draft, completed paperwork and a letter.

[riden]

I know there is a book for AB. My mom purchased one for my dad back in 2013. It came with a CD also.

For our stuff in SK, we dropped it off in person in Battleford on a Tuesday. We received the rejected package through registered mail 2 day’s later on a Thursday. We thought, wow that was fast, and thought it had been done. It was just them returning our bank draft, completed paperwork and a letter.

Any idea of the book's name?

That is fast. The info packet I have warns to expect it to take months to see it back.

EDIT: Is this the book?
https://www.amazon.ca/Probate-Kit-Alberta-Everything-probate/dp/1770402748

[tbiddy]

Any idea of the book's name?

That is fast. The info packet I have warns to expect it to take months to see it back.

EDIT: Is this the book?
https://www.amazon.ca/Probate-Kit-Alberta-Everything-probate/dp/1770402748

Yes that’s the book. The 2 day turn around was them rejecting it. We were told the turnaround for the probate to be completed 2-6 weeks but to expect everything to be wrapped up and free and clear in a year.

[pdog15]

Based on a few recent experiences with two major banks/what I have been reading lately, I’m getting a rather jaundiced view of how the banks are going about their business. It used to be that a bank was a very useful, helpful, friendly place to deal with, but times they are a changing. When it comes to dealing with significant matters, I would go to a person well up the chain and go in as prepared as you can with info from as many sources and with as many questions as you can. Take some time to assess what you are hearing from the bank and check out the critical info if you can before signing on to anything.

Living in AB, I probated both parents wills in BC that were not complicated. Used the Self Help publication for BC and it was both essential and very good. Not sure if this series is even published any more. The most frustrating part of the whole thing was the filing. The wording had to be ultra precise and the clerk would not tell me what the three/four words had to be - just kept telling me what was not acceptable. I kept changing the wording until the clerk said it was acceptable. This all going back to the ‘80s so not sure how valid it is today. Also it is a provincial domain and each province will have its own requirements.

[Cement Bench]

They are not “forcing” a lawyer on us per se. They sent the completed paperwork back with a letter. The letter said we made a decent attempt at completing the paperwork however it would benefit us to seek the services of a solicitor if for no other reason than to seek legal advice about our mother’s estate.

Like I mentioned above; I’d hate to spend the extra $3000 to find out that I missed one or two forms that are easy enough to fill out. If that’s all it takes I can complete those forms and pay the court approx $750. All friends and family that have done probate are located in AB or any that were in SK didn’t have to do probate. I’m kind of shocked that somebody doesn’t sell some kind of guide like you can purchase in AB.

one trick I have recommended in the past is to phone or email a estates lawyer in a SMALL FIRM and tell them that,

ask them for 350 bucks can their estate paralegal review the application and correct it for you?

has worked in the past

they may come back and say 500 beans then you decide

let us know how it works out as I am keeping score in order to help forks in the future

[tbiddy]

one trick I have recommended in the past is to phone or email a estates lawyer in a SMALL FIRM and tell them that,

ask them for 350 bucks can their estate paralegal review the application and correct it for you?

has worked in the past

they may come back and say 500 beans then you decide

let us know how it works out as I am keeping score in order to help forks in the future

We did call a one lawyer firm. His assistant (maybe a paralegal) called and we went over things. She was impressed with what we did considering we have never done it before. Their fees to help were $1500 plus 1% of the estate. Sask charges 0.007% of the estate value. She quoted us around $3500 for the service. She gave me an idea of what we did wrong but said their was a few things that still need to get done to complete it.

We decided to pay the money and have it done with. I don’t want to keep banging my head trying to figure what was worded wrong or what form we missed. I guess if it ever comes around again, we’ll know what to do. It’s definitely been eye opening. The FIL is worth a few million and has different businesses. We made sure that everything had been done through a lawyer. All I’s dotted and T’s crossed. This is a $70k estate and it’s been frustrating. I can’t imagine the stuff we’d have to do for his.