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Common Estate Problems

Executors or administrators can encounter problems when distributing an estate. It is important that these problems are dealt with. If not, the executor or administrator can end up being financially responsible.

Common problems in administering an estate include:

    • a dependant claiming they have not been properly provided for under the Will
    • a dispute arising with respect to the care of children
    • beneficiaries thinking the executor's or administrator's fees are too high or not appropriate
    • a dispute arising over the sale of property or personal assets by the executor or administrator
    • a creditor alleging that a disputed debt is owed to them
    • someone refusing to turn over an asset belonging to the estate
    • improper distribution of assets to beneficiaries
    • misunderstanding tax obligations

Executors and administrators who improperly deal with an estate can be held personally liable to the estate. They may want legal advice to help work out any problems that arise. Reasonable legal fees can be charged to the estate. If the matter cannot be resolved, any interested party can apply to the court for direction. The court can make an order that settles the issue.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.