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Situation -- subject deceased Dec. 2004. Executor who is also a 10% beneficiary has not completed and not sure if he has even started the task 6 1/3 years later of doing the probate of the will and distribution of the funds to other beneficiaries. Is there anyway to force him to do his job? If so, what is the procedure?
Deceased was US Citizen but permanent resident since 1965 and died in Ottawa. Executor is her separated husband and lives in Toronto area. There is on 5% recipient in Ottawa and the other 85% goes to an out of wedlock son who was adopted by the deceased's brother (deceased) at birth in 1963 who is a US Citizen living in the US so access to Canadian courts is difficult.
I am pretty sure there is away to force them to follow the will. That is the point of a will to carry out the wishes of the deceased and it is a legal document. You might have to contact a Canadian lawyer though a U.S. lawyer may not be able to help as the executor is a resident of Canada. You will likely need a lawyer to assist in forcing this person to execute the will, however it has been 6 1/3 years so the person may have already embellished the estate in which case they maybe subject to a lawsuit and also prosecution, fine and or jail time.
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