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Estate and Wills-Renounced as Executor without my Knowledge

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Description

Law Type:Wills, Estates, Trusts
Location: Calgary, Alberta
Specific Issue: Appeal Wills / Trusts / Estate

Case Description

I am named as a Personal Representative joint with my brother on our Mother\'s Will. She passed away in 2006. The estate Lawyer represented several of my siblings in a legal case against me regarding ownership of a house which I purchased for my mother in 1990 and which my lawyer transferred into my mother and my names in 2000 and upon her death came to me solely as was not part of her estate etc.
Finally after 3 yrs of hassles and costs, I agreed to sell, giving the estate half the proceeds. This took place in Oct/09.
Several weeks ago, I inquired as to my share of the proceeds and was advised by my lawyer that he had turned all proceeds over to the Estate Lawyer whom will not release to me.
My instructions were that proceeds would go to my solicitor whom would keep my portion.
Furthermore, they claim that I am responsible for removal of my mothers furniture and contents which were left in the Will to 3 of us
and the Estate Lawyer claims that they are not responsible for the moving and storage of these items from the house for sale.

Lastly, I have been advised that probate took place earlier in Oct/09 prior to disbursement of the House proceeds (house sale in my name solely) and that I was not shown as an Executor. My lawyer said he was ok with that which was totally against my instructions.
I was in court twice in 2008 defending my position as an executor and the judge allowed me to stay on-he did not find a conflict of interest in the fact that the house was in my name. He recommended mediation on the house issue. Now, I have been removed without my permission or prior knowledge that probate was
even taking place.
Now what to do...fire my old Lawyer-YES, report all to LAW SOCIETY? Hire a new LAWYER-to get my money for the sale of house, my 2009 expenses ie. Insurance, Utilities and taxes which I have paid on this property since 2000 (Mom had a stroke and never returned to house-house empty...family refused to give me a key until I received one from the Real Estate agent in 2009 prior to sale). As well, I have executor fees which I feel intitles too-listing contents of the house, albiet difficult inview that my sister stored her stuff there, 2 court appointments to defend my position as an executor, signing documents as a Executor to release caveat that they put on my house etc.
I am very disappointed with the legal system, my own solicitor whom took no interest in representing me or following my instructions-claims too busy and quote-what does it matter anyways. I feel there is deliberate influence of the Estate Lawyer in favor or my brother at my expense-same firm, partner made the Will for my mother and commenced as the Estate Solicitor. I have all the notes and memos going back to 1993 which include this lawyer admiting in his notes that my mother was not mentally competent but he still had her sign a new EPA and PD 3 months after her stroke and he also had a Dr. Certificate declaring her mentally competent 6 months later but the lawyers note say that the said Dr. calls back approx. 20 days later to ask whom \"my mother is\" and to send him what the other Dr. had said. His Certificate is dated approx. 20 days earlier and he clearly did not examine my mother. The whole file is full of these kinds of \"inaccuracies\". In fact, he had all sorts of unsigned documents that he advises my brother that they will have my mother sign at the first opportunity..ie. 2001/2002 etc., although she is in her early 90\'s and clearly no longer understands...His notes state that he had my mother sign a blank paper which he uses to obtain the information from my solicitor regarding the transferring of house.
My mother also had this solicitor prepare a EPA and PD. Previously, she went to another solicitor in 1998 unknown to family and had a Will, EPA and PD done..my sister found out and took her back to the current solicitor in 1999.
Where do I go, how much more money do I put towards this and what kind of outcome can I expect. I am looking for an experienced estate lawyer to consult with and see where we can take this case.


Details

Case id : 010162
City : Calgary
Province : Alberta
Category : Wills, Estates, Trusts
Specific : Appeal Wills / Trusts / Estate

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