Wills and Estates

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lsj777
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Wills and Estates

Post by lsj777 »

I am dealing with a estate and I am wondering if it is normal for it to take 8 months to obtain probate and another 16 months in order to get clearance certificates . It took another 2 years to sell the assets and it will be over 4 years . Just looking for feedback if anyone else has gone through this as a executor .
TylerM4
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Re: Wills and Estates

Post by TylerM4 »

lsj777 wrote:I am dealing with a estate and I am wondering if it is normal for it to take 8 months to obtain probate and another 16 months in order to get clearance certificates . It took another 2 years to sell the assets and it will be over 4 years . Just looking for feedback if anyone else has gone through this as a executor .

6 months for probate is average from date of filing. 8months doesn't surprise me with a pandemic going on.

Regarding the rest - it depends on what that status of the estate was when the individual passed. If they've prepared for the event in advance you can usually have everything wrapped up in 14-16 months. If the estate is a mess 4 or 5 years isn't abnormal - longer if the will is contested and beneficiaries end up in court.
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oneh2obabe
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Re: Wills and Estates

Post by oneh2obabe »

Depends on the size of the estate and what kind of assets there are ... RRSP's, Annunities, Properties, etc. When mom died it took 8 years to settle the estate - sisters contested the will and lost big time in court. When hubby's dad died it took 18 months to finalize the esate. Hubby's brother died November 2019 and he is in the middle of settling the estate - no idea how much longer it's going to take.
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stuphoto
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Re: Wills and Estates

Post by stuphoto »

I looked into it about a month ago, and even without anyone contesting the will it can still take a couple years.
Commonly, estates take anywhere from eight months to two years to wrap up.
This is from here
https://www.westcoastwills.com/probate-questions/

I was looking for but didn't find another site that more or less stated it can occasionally take several years if the deceased owned a business.
This is due to tax reasons.

As for contested wills,
About a year ago my mom got a small inheritance from an uncle.
It caught her by surprise, since this uncle had passed on around 40 years earlier.
That is not a typo, I was at his funeral when I was around 10 years old :200:
lsj777
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Re: Wills and Estates

Post by lsj777 »

oneh2obabe wrote:Depends on the size of the estate and what kind of assets there are ... RRSP's, Annunities, Properties, etc. When mom died it took 8 years to settle the estate - sisters contested the will and lost big time in court. When hubby's dad died it took 18 months to finalize the esate. Hubby's brother died November 2019 and he is in the middle of settling the estate - no idea how much longer it's going to take.
I researched yesterday and found out that you can avoid all this by doing a living inheritance and putting things in joint name's because I would not want my beneficiaries to deal with a burden like this for 8 long years because 4 years has taken a toll on my life as a executor .
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oldtrucker
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Re: Wills and Estates

Post by oldtrucker »

Glaring example of how leaderless this country has been regardless of political stripe in the captains chair. What is the excuse for things (not just wills and estates) taking 10 times longer than they need to? The people in a position to change things knew that it takes 8 years -7 years longer than it should and that the system(s) is broken...but did nothing- everytime.
Some may view my politically incorrect opinions as harsh and may be offended by them. Some think political correctness will be our undoing. Zero cuckery. You and 917 others hate this post.
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oneh2obabe
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Re: Wills and Estates

Post by oneh2obabe »

lsj777 wrote:I researched yesterday and found out that you can avoid all this by doing a living inheritance and putting things in joint name's because I would not want my beneficiaries to deal with a burden like this for 8 long years because 4 years has taken a toll on my life as a executor .
Mom's will was cut and dry but the sisters didn't like the fact she left money to a couple of charities, left money to each of her grandchildren and figured they were entitled to much more than mom left them so they contested it. Long story short - cost them over $150K in legal bills which was more than what they got from the estate.
Last edited by oneh2obabe on Nov 28th, 2020, 3:32 pm, edited 1 time in total.
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Bsuds
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Re: Wills and Estates

Post by Bsuds »

My Mom's will was cut and dried. All her wishes were carried out and a couple of things she didn't want done my sister did anyway.

We got it all done in about 6 months.
LANDM
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Re: Wills and Estates

Post by LANDM »

I’ve found that 3 months is pretty well a minimum time for probate, if everything is done precisely correct. Any little error and it gets sent back for corrections. Realistically, 4-6 months for probate is "normal".
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lsj777
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Re: Wills and Estates

Post by lsj777 »

oneh2obabe wrote:
lsj777 wrote:I researched yesterday and found out that you can avoid all this by doing a living inheritance and putting things in joint name's because I would not want my beneficiaries to deal with a burden like this for 8 long years because 4 years has taken a toll on my life as a executor .
Mom's will was cut and dry but the sisters didn't like the fact she left money to a couple of charities, left money to each of her grandchildren and figured they were entitled to much more than mom left them so they contested it. Long story short - cost them over $150K in legal bills which was more than what they got from the estate.
It breaks my heart when those were your mom's last wishes and our system allows the charities that obviously meant something to her and her grandchildren are made to suffer . If she was alive and wanted to gift this to who ever she wanted it would not have gone through the court process and everyone gets to move on with their lives instead of the burdens of dealing with this for 8 long years
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oneh2obabe
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Re: Wills and Estates

Post by oneh2obabe »

oneh2obabe wrote:Mom's will was cut and dry but the sisters didn't like the fact she left money to a couple of charities, left money to each of her grandchildren and figured they were entitled to much more than mom left them so they contested it. Long story short - cost them over $150K in legal bills which was more than what they got from the estate.
lsj777 wrote:It breaks my heart when those were your mom's last wishes and our system allows the charities that obviously meant something to her and her grandchildren are made to suffer . If she was alive and wanted to gift this to who ever she wanted it would not have gone through the court process and everyone gets to move on with their lives instead of the burdens of dealing with this for 8 long years
No worries - the charities and grandchildren got the full amount mom left them. Idiotic sisters thought I was paying out of pocket for the estate's legal bills no matter how many times the judge(s) told them it was the estate paying.
Dance as if no one's watching, sing as if no one's listening, and live everyday as if it were your last.

Life is not about waiting for the storm to pass. It's about learning to dance in the rain.
TylerM4
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Re: Wills and Estates

Post by TylerM4 »

lsj777 wrote: I researched yesterday and found out that you can avoid all this by doing a living inheritance and putting things in joint name's because I would not want my beneficiaries to deal with a burden like this for 8 long years because 4 years has taken a toll on my life as a executor .

This is very true. A professional estate planer will tell you "Give most of your estate away BEFORE you pass".
Not just for the headaches it will save your family/executor but also because:
- It cannot be contested if handed out while you're still alive.
- Taxes and fees are much reduced.

It requires a lot of trust tho - trust that they can still access the required funds/property until they do pass.
A10ThunderboltII
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Re: Wills and Estates

Post by A10ThunderboltII »

lsj777 wrote:I am dealing with a estate and I am wondering if it is normal for it to take 8 months to obtain probate and another 16 months in order to get clearance certificates . It took another 2 years to sell the assets and it will be over 4 years . Just looking for feedback if anyone else has gone through this as a executor .


I went thru this with a relatives "estate". The POA was well worded as was the will so there were a lot of NOTIFICATIONS and other paperwork that didnt need doing. Even so, it took a year and a half and a CRAPLOAD of Notary signatures at about $85.00 each to finally get it all done, then the months long wait for the BC Supreme Court to finally go over the case. About a year and a half iirc.

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