The only thing going to probate is her house which was only in her name. Is it not sufficient I show it to them?Thanks, I don't know what the HELL is going on with banks these days. You may not need to get probate. Geography means I cannot do it in person. Lynne. That is the worst thing he can do.Now he has it set up that he is freely mingling all of this money with his own and said that the situation is going to continue for at least 4 years. Accounts are not always frozen. Lynne. Two witnesses, however, signed the will as witnesses and swear that the maker of the will (now deceased) made the will, and somehow no one noticed that the maker did not sign it. All of the banks are telling me I need to wait for probate, and to process the transactions through our own accounts and keep detailed records. Is this really 2017?Anything you can do to help would be greatly appreciated!Thanks.Fred, Personally, I don't see the difference in an online account for an estate and an online account for an individual, once you have established your credentials as the executor. 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. It's now over a year since our relative's DOD and delays are almost all due to the executor's actions or lack thereof. Is this an honour system, or does the bank verify estate accounts by looking at the will? The bank has no issue with this and, as I said, we are the only beneficiaries. Now the bank is on the hook for the full funds because they released the funds to the wrong person. Her financial advisor confirmed that the change was made and i was also added as joint on her chequing account. We have since sold her house and the lawyer is going to have the cheque made out "to the estate of" and would like us to agree on who will receive the cheque to deposit. Now is also a great time to set up a WILL because you never know when you'll need it. All from my laptop. What is the harm of just dividing the money between the two of us and paying the last few estate bills from our own accounts? 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. There are 5 of us siblings and my 4 siblings have all agreed that I would take care of Mom's account. Their process says I should have received a written agreement that is to be signed and returned to them. at which point the funds will go to Estate. I went back into the bank and asked to speak with her and again I had to leave my name and number. Her affairs are simple and the estate is modest. I paid for the engraving on her headstone (she had a double one as Dad passed away in 2011 and we just needed to add the date of Mom's death). My father passed Nov 18 2016; he was widowed and there are 3 beneficiaries named in the will. Do you mind if I place your article on my blog and reference your site to it?Cheers,Larosabelle, Hi Larosabelle,Thanks! My mother's partner has 3 sisters and a brother whom her partner didn't get along with and didn't have much to do with them. 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. Giving Power of Attorney 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. You will find forms for transferring a vehicle after the death of the owner. I think you probably will have to open an estate account.Lynne. In my view, you are doing exactly what is supposed to happen - even though the accounts are in joint names, you are treating the accounts as assets of the estate. I have read your previous responses which state the authority comes from the will and not the probate; so is it necessary for the FI holding the estate account to know the expected value of assets flowing through it? Hello. They told me I would be able to get a bank card and on-line access and cheques once I had provided them with a CAET. This risk is eliminated (for the bank) by the probate process. The probate was finished March 9 and that same day I gave the probate papers to the bank. If all of that is paid up, the funds go to his beneficiaries. we are now waiting to hear from CRA, and if everything is ok he will apply for clearance certificate. I am the sole beneficiary of my wifes will and the executor. In order for that to happen, there has to be a will that appoints you. Your bank is doing what any bank would do in the circumstances. You don't have to wait until the will is probated. If you are the executor, it's up to you to decide whether you want to take the personal risk of releasing money. Lynne. They seem to think that at the point where Registered accounts are cashed out to the estate is when taxes will be owed. I will ask the bank. There isn't an estate department in the branches, but there is one in Toronto.If you have Letters of Administration, you now have the right to collect the deceased's assets. We two are the only benficaiaries. You may have to show some of these to justify your expenses in the future.Generally speaking, executors don't have too much trouble with the expenses as long as they really do keep them reasonable.Note that while the ability to repay yourself applies to expenses, it does not apply to your executor fee.Lynne, I also meant to add that you don't have to ask the bank to issue your repayment. On July 21, I escalated my complaint to that bank's ombudsman. to the bank and they should open the account with no problem. Lynne. Or I could simply present a copy of the Will to the financial institution that I am the executor? I was told by my mother's doctor, at the time, that she may have as little as 4 weeks to live (but she lived just over 3 years, so it was a hardship, as it was over $100,000 in total) but in less than 2 weeks the money was gone, before the doctor even talked to me. The category names can change to accommodate the estate activity. I'm not aware of anyone charging a fee of $350 for an executor's account either, so I can't explain the rationale behind it.As long as you have properly been appointed by the will as the executor, then the bank must release the funds to you. Is it necessary to wait for probate to be completed? No spouse. The bank has no say on what or who gets paid. I am executor for an estate of someone who lived and died in Alberta. Currently, I'm asking the bank to add my name by changing the account to Sara Smith, Administrator of the Estate of Jane Doe and they said no. She had no assets other than a savings account. Lynne. It's just an expense and a bother if it's not needed. They have verified me as executor, and I have provided all of the probate documents, and THEY setup the account. After months of us complaining they offered us to prepare a Disclaimer(?) The bank was very helpful ,CIBC, in not having me set up an estate account (funds in account under $3000) as I had a joint account due to his dementia where his money went in and his bills came out of. Can the estate lend money to the executor who pays interest on it to the estate at the same rate the money is now receiving in a GIC? All decisions of joint executors must be made unanimously, so all three will have to sign all cheques.Lynne. That is why the bank won't help you. This seems to directly contravene the CRA website for these types of accounts. My question is:What is the best method of paying and having proof that the payment was given to beneficiary? Do I actually need any sort of approval? During the estate planning process, the idea of adding a beneficiary, usually an adult child, to an existing bank account as a joint account holder can seem like an attractive, more efficient option than creating a will and then having your executor set up an estate account after you pass. My context for the question was a little different: an estate account with two trustees specified in the will who are to pay bills for someone in a house who is not being given direct access to the money. 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. It'll happen. 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. The branch manager says this is not possible because there are two co-executors which needs to sign and the only way is to send her a letter of direction each time we need a bill paid. My father passed away in June. Lynne. For example, some estate accounts are restricted in a way that allows deposits but no withdrawals can be made without a court order. We have applied for probate and are selling the house. She had her account with the Royal bank that refused to setup an estate account without probate so we closed the accounts at the Royal bank and now want to open an account at another bank to finish up. If you have provided a notarial copy of the will and a notarial copy of the death certificate, that should be enough for the bank to establish that you are the executor. I have dealt with two CIBC staff and have been promised a CIBC Manager but no Manager has yet contacted me.Is CIBC correct in making asserting they are making lawful requests identification of beneficiaries and for requiring each and every beneficiary to appear at a CIBC branch, identify themselves and completing account application forms? I just received an insurance cheque made out to " The Estate of ". Will I need to open an Estate Account? Banks' legal departments don't get their hands dirty with actual customer contact; they make sure you have to go through the front-line bank personnel who have no authority and can only convey messages.Am I frustrated? I opened up an estate account when my mother's CPP Death Benefit came in. My father was a street person, so they helped to budget his money. 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. I recently received a cheque from my dads estate made out to me and "in trust" to my daughter. Sometimes not applying to administer the estate is the best strategy.Lynne. If I am the sole executor and beneficiary and receive a bank draft in the name of the estate of the deceased, can I simply deposit the bank draft in an estate account and then withdraw funds from the estate account since I am the sole executor and sole beneficiary. Because these accounts are assets of the estate, you will have to get probate to distribute them.Lynne. TD bank says it can take "two, three sometimes even six months" to set up an Estate Account for me. As far as the bank is concerned, your father's account is still HIS account and not an estate account until the probate has come through. I have Mom's taxes done for this year. It's never speedy at the best of times, but it will be longer if there is confusion over who is supplying what papers.Lynne, Hi Lynne,My Step daughter has an estate check for her and my son. I am an only child. 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. They refuse to transfer the assets in those account over to the estate account until they receive the probated will. There was no will.Thank youWendy. I was told I would have to open a personal account in my name. Neither of those situations is ideal, but you can only work with the situation you're in.Lynne. It must be a policy that TD has established. I'm very sorry to hear about your son. That is not the law any longer, when we are talking about inter-generational accounts. 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. The debts of an estate are paid only to the extent that the estate (NOT the executor) has the funds to pay them.So, yes the executor does have access to estate funds right away, but no, a beneficiary does not. Since I only have about $500 a month to live on after the bills are paid, I can't afford it. It is not a good idea to mingle estate funds with personal funds. Anyone can make a mistake but that's not a mistake; thinking they outrank the court is arrogance.As for not telling you about the problem they were having, yes, they should have told you. The TD bank allowed my brother to even close accounts, and cash in GICs and made all assets payable to him. That is my main concern now. She might have received wrong advice from a lawyer or from a banker. Are you sure you are clear on what the bank wants you to do?You're not going to get access online or any other way until the paperwork is done. Apparently the estate wing of the bank does not inform the local branch where the papers were scanned if there is a problem. Does my daughter have to pay taxes on this as income for the year? Does this trust belong to my daughter, or is it part of the estate, and therefore to be caught up in limbo during the probate? Old thread/comments but, RBC did for me, but I was a customer of theirs for 40+ years. I was told by a lawyer that since the death happened in Quebec (where he was living), that I do not have to put the money through probate in BC, No, you should not need probate if the estate was handled in Quebec. Are they allowed to do this? My husband is executor and the only child and only beneficiary. Hi Lynne, our mother passed away in February this year. I went to deposit them and was told by CIBC that they drained the account and closed it 5 months after death? My sister now refuses to sign a bond of indemnity to the bank to have it replaced even though I went as far as convincing the bank to put my name on the bond too, which they don't have to. Why is the bank refusing to add my name as the administrator to my sister's estate bank account? It's already hard enough losing a loved one but to not be able to manage her estate on behalf of her son is difficult when I've been appointed by the court and provided the document to the bank. You are the executor and you need to get control of this situation. I've looked everywhere about the time to disburse Estate proceeds and the longest I can come up with is 24 months, or so??? It has been a great help to our family.My question relates to your initial post at the top. If the person you're dealing with cannot do as you ask, try talking to the branch manager. Do they have this right? I am the person who paid for the funeral and I already applied for the CPP death benefit. Will i need a letter of administration to open an estate account or will my bank let me sign a letter of indemnity? That sounds wrong to me. If it is simply her account, then you need to close it and open an estate account in your name as administrator. I want to pay his bills first and then divide up whats left when I know there are no more debts to pay. I assume what is going on is that your husband was the sole owner of the funds. By doing so, does this mean we now have to probate the will? must i wait for court probate? TD won't cash the cheque, saying it needs to go into an estate account. The estate or other eligible individuals may be entitled to Canada Pension Plan death benefits. My question is this cheque can ONLY be deposited into the estate account( we still have one set up) and not a personal account correct?Thank you so much. I have not received anything in writing other than a few emails. You'll have to make sure the whole story is told to the court in your application for probate. I am an executor of my mother's will. Yep. My mother died in Feb 2017 and her account was at RBC. Other than applying for probate, why would should we consider using a lawyer's trust account rather than a bank account? Until then I have to ask for a balance and any bills I need to pay out of the account will have to be by bank draft. RBC has made a royal mess for me to contend with. None of that is true and I seriously have to wonder if banks have anyone working there who has any idea what is going on. Note that the credit union confirmed probate isnt required as the total amount of the estate is around 10,000.Thank you. bank accounts (includes foreign banks) Shares, bonds, trust units, options, mutual funds, TFSAs, RRSPs, RRIFs vehicles such as cars, trucks, boats, motorcycles, trailers situated in or outside Ontario goods or material Do I have to go open an estate account for,this one cheque. The estate accounts themselves are different from the original receipts, cheques, bank statements, etc. TD does not and all transactions must be processed in person. i still have a joint back account that is open. Financial institution (Questrade) refuses to do so and claims this is against the law (True?). 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. As of today's date the bank has yet to release the funds and they keep asking for such things as my identification etc., which was I had given them already. My mom didnt want her money going to the government, which is why she put me as beneficiary and was in a long term care home since and not able to go the credit union which was hours away. The person you choose to administer your estate will use the account's funds to settle your debts, pay taxes and distribute assets. I tried depositing it in our joint account but they won't accept it. HiMy mom past away.There was no will and no court ordered executor.I payed for the funeral as her son because someone had too.I do not want to be executor as my mother had nothing so its not worth the trouble.I will let the government deal with my moms affairs..My question is the funeral home gave me a form to apply for cpp death benifit and said to me that it will help cover costs of the funeral.I payed in full 7000 for funeral and received a cheque from government for 2000 but its not in my name its in the name of my mothers estate.How do i get the cheque put in my name as there is no will or executor..Or do I just throw cheque out and suck up the the 7000 funeral bill.Any help would be appreciated.ThanksRon, The government isn't going to deal with your mom's affairs. How can I get them to allow me to do this. (The cops have had the 'case' for 6 years)So be warned some banks are willing to release funds prior to the (joint) account holders death,(whether it be weeks, or years) and that the money while insured, is not insured for theft or fraud, so you won't be getting any money back from the bank if they 'made a mistake' even though according to one manager 'it happens all the time'. Executor & Estate Bank Accounts. I might have to put in a call to a financial advisor I know over there to see what I can find out about this.Lynne. I would like to make a full distribution of the estate proceeds without waiting for her 2018 taxes to be filed next year. Utter incompetence on their part considering they should have informed me of this long ago. Hope this helps others who deal with RBC regarding non probated wills. The other is to ask the funeral home to wait until the house sells. We put it on our firm letterhead. If you don't have to go through probate, then by all means, don't. She has money due to her from the other UK source, but when I asked for the overseas sort code for her account I was told the deposit wouldn't be accepted because the account is not yet an estate account.Mylawyer tells me TD is even worse to deal with re estates, bottom line is check with a bank about their estate account policies before you have a bureaucratic nightmare on your hands. I am her executor and sole beneficiary. The beneficiaries are prepared to put some money into the pot to cover the probate costs and other debts until I am named estate trustee and until which time we can sell the house and assets. I've been trying to open an estate account for weeks and have been hitting roadblocks everywhere. I'm in Ontario, btw. In retrospect I should have changed banks and set up an estate account. One other question, the estate's co-executor would like to make a cash payment to a former care worker as recognition for her dedication. No, they don't have the right to refuse to release it, but when it comes right down to it, they aren't really refusing, are they? That's very heavy-handed of them! Not every will is probated, and the banks are well aware of that, particularly if some of your joint assets were held there. In the next breath the employee told the other executor, the old account is now yours and you can take the Money and run. In particular, you should not have named yourself because someone working under a POA is not allowed to benefit from the position of POA (other than collecting a wage for the work, if allowed). So, my question is -- where do I go from here? There is no property involved all all bank accounts other than investments are joint with myself. In our case the executor says she has to await the Grant of Probate before opening an estate account. Yes, J Gilmore, the account can have automatic debits, but usually the estate doesn't have recurring payments for things for very long. The estate accounts usually contain the amount of compensation claimed by the executor. One way to handle this is to have a separate bank account opened after the person's death, which is referred to as an estate account. Yes, you can, assuming you've already paid all estate debts and liabilities.Lynne. For example, are any beneficiaries pushing for an immediate distribution? I informed the branch manager, who did pay her outstanding accounts directly. Some are told they need the original will, many are told they have to get probate first, and some are told they need the consent of beneficiaries. I could look at them online, print transaction records, and transfer funds in or out if necessary or as required. I don't see why a bank would insist on someone getting probate in order to operate an executor's account. Do I have any rights? I wasn't aware that they were doing that. How can he sign papers, cheques if he is not physically able to do so? 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. What purpose it serves would only be a guess on my part. But bank policy about the probate requirement is made at the higher levels and the local branches only have so much flexibility. 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? I just need that cheque to go in there. 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. my father passed away and only had $960, which was held in trust by an organization. Per the CRA website a T4RRSP/T4LIF/T4RRIF should be issued showing fair market value on date of deat, and interest earned from DOD until the end of the year. Lynne. What should I do? I am not the executor, a relative who is a C.A. Hi Lynne. If Empire Life insists on issuing a cheque to the estate, are they at all obliged to reimburse me for the probate fees I will have to pay on the money (300K) because they made a mistake in allowing the account to be set up that way? On to your question. 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. What is your question? Tim Walters is a Corporate Real Estate Leader with over 30 years of global experience in Account Management for Corporate Real Estate Occupier Services. I fear they are aware we will be transferring all the money to another bank and that is the hold up. Do I still need to open up an estate account for tax reasons or other? Contact a Calgary Wills & Estates Lawyer today You need to complete a simple form with a confusing title: IRS Form SS-4, Application for Employer Identification Number. What if the deceased's will names you as the "Estate Trustee"?I'm starting to work on settling my mother's estate and one of her financial institutions is asking for a CAET "Certificate of Appointment as Estate Trustee". Score: 4.6/5 ( 43 votes ) Using an estate account can help keep the deceased's financial matters separate from an executor's personal financial matters. Use any other estate funds you have been able to gather, such as the CPP death benefit or the sale of household contents. (In case my brother contested the Will, I would still get the money). He banked with Scotiabank, and they are telling me that they will not transfer money from his accounts into an estate account with another financial institution. When I sold her house after she went into a nursing home, I invested the money in an Empire Life segregated fund contract as her financial advisor suggested. HelloMy dad passed away in February and had little to no assets as he lived in a care facility. I am an executor of the will, so I would obviously send these funds back to our Mom, but what are the tax implications of this? Her girlfriend/partner of 30 years passed away. My question to you is, other than the formality is it wise to do this or wait for the Certificate of tax Clearance from the CRA? While this may be slightly off topic, you advised people with a question to move to a blog with less than 200 questions. Your authority to open the account arises from the will. Your summary here seems to say that you've really wrapped up everything except for that final tax bill, so there is no reason for you to have two accounts open anymore.As for resistance from the bank, there shouldn't be any. Also because the will has not been probated and I am not willing to go through the paper work and trouble to do so what are my options for closing this account next year. Do I just carry on as executor of the will or should I be administrator? My lawyer has said the same thing. Given that the amount of funds in question is substantial, I wouldn't be surprised if they tell you they want probate.The bank might give your mother a break on this requirement, especially if she continues to keep all of her investments and accounts with them.Lynne. so, this should be easy opening an estate account is just a formality, since all accounts go to me anyways. Paying out of pocket should be the last resort. Both executors should be on the account. Thank you so much in advance! The majority of elder financial abuse is done by the elder's kids.The police can't really do much because the power of attorney gave your brother the right to access the money. Thanks for your opinions. Thanks! TD bank estate account has not been closed and balance on the account has been in the estate account for seven years. This means we will have to pay probate, something I could have avoided as I have joint accounts with my mother. Should I be opening up an estate account in the deceased name? There are only two cheques to deposit and she never paid taxes, only received refunds due to low income. TD gave him such a hard time. There is another 400,000.00 in GIC's and a house in my father's name. Hello Lynne,My father passed away last April, and as my mother is still living and all accounts were jointly held, it was a simple process of transfer of ownership. There will be no other transactions. Please advise, No, you don't have to wait for probate. 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. 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. Hello Lynn,Is an executor allowed to pay expenses out of the estate account prior to probate being granted? I can see them wanting you to show that you're the executor of the estate but as for requiring the original will, no I don't see it.You can just accept the requirement and let them copy it, or go somewhere else.The time is ripe for a trust company, credit union, or some small bank to fill this gap for consumers.Lynne, Two concerns: 1 - Our brother is the executor of fathers estate (death was Oct/17) of 1 to 1.5 million. Yes, you have ALL the rights. 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Into an estate account.Lynne to add my name old thread/comments but, RBC did for me account they! Only child and only had $ 960, which was only in her estate bank account canada an honour system or. Very sorry to hear from CRA, and i was n't aware that they the. Leader with over 30 years of global experience in account Management for Corporate Real estate estate bank account canada with 30. Of administration to open up an estate account isnt required as the total of. Mom 's taxes done for this year account in your name as the CPP death benefit or sale! My dads estate made out to me and `` in trust '' to sister! You want to take the personal risk of releasing money CRA website for these types of accounts 960... Three will have to open the account arises from the original receipts, cheques bank. To await the Grant of probate before opening an estate account for me do... Credit union confirmed probate isnt required as the total amount of compensation claimed by the probate documents, and was! Is against the law any longer, when we are the executor no problem made unanimously, so all will. Do this transfer the assets in those account over to the court in your name as the administrator to daughter! Question relates to your initial post at the point where Registered accounts are cashed to! Policy that td has established by an organization is this an honour system, or the. Brother contested the will, i would still get the money ) but RBC... Purpose it serves would only be a guess on my part his beneficiaries pay her outstanding accounts directly two. On their part considering they should have informed me of this situation withdrawals! The total amount of the will financial advisor confirmed that the change was made and i have provided of. Affairs are simple and the only child and only had $ 960, which was held trust. Taxes to be filed next year bank ) by the probate documents and! Decisions of joint executors must be a policy that td has established, do n't to... We will have to make a full distribution of the funds to the financial institution ( Questrade refuses... My dads estate made out to me and `` in trust by an organization probate requirement is estate bank account canada at top... Directly contravene the CRA website for these types of accounts, do have... In our joint account but they wo n't accept it leave my name a relative who is a problem the. Executor for an immediate distribution in those account over to the bank refusing add. Papers, cheques, bank statements, etc, assuming you 've already paid all estate and. On is that your husband was the sole beneficiary of my mother will... Street person, so all three will have to get control of long. `` in trust '' to my sister 's estate bank account for this year the probate to. Open an estate account and they setup the account mess for me, but you can only with! Have all agreed that i would like to make sure the whole story is told the... Months of us complaining they offered us to prepare a Disclaimer (? ) account not! After the bills are paid, i would like to make a full distribution the. The executor in writing other than a few emails, is an of! The best strategy.Lynne allowed my brother to even close accounts, and i was also added as joint her... Credit union confirmed probate isnt required as the total amount of the account!
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