- April 13, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Inheritance Issue: A Complicated Mess
Hello! I’m from Hungary, and I am currently dealing with a very messy and complicated inheritance issue following my mother’s passing almost a year ago. She left her house to 10 people, and as her only child, everything else should rightfully belong to me. However, the probate hearing scheduled for January has hit a major roadblock due to a Canadian bank account.
### The Canadian Bank Account Conundrum
The delay in the probate process is directly attributed to a Canadian bank account that has proven to be uncooperative. Despite numerous attempts by my lawyer and Hungarian authorities to reach out for information, the bank has refused to provide any details or respond to any inquiries. This impasse has halted the transfer of other inheritance items, including the house, car, and Hungarian bank account.
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### Seeking Solutions and Moving Forward
Despite attempts to request a temporary probate transfer to circumvent the Canadian bank account issue, my lawyer has hit a dead end. The prospect of engaging a Canadian lawyer, with their significantly higher fees, is a daunting financial burden for me, given my limited resources.
As a 23-year-old navigating this complex legal landscape, I am seeking advice and suggestions on how to proceed with the probate process and potentially resolve the standoff with the Canadian bank. Any guidance or insights would be greatly appreciated as I strive to navigate this challenging situation.
**EDIT:❗️❗️**
Clarification has been made regarding the primary concern of the probate process being hindered by the lack of cooperation from the Canadian bank. Despite the legal entitlement to the funds, the main priority is resolving the deadlock to facilitate the transfer of other inheritance items. The urgency lies in overcoming the impasse with the Canadian bank to progress the probate proceedings smoothly and efficiently.
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Usually banks need you to come in person. If the amount is worth it come to Canada with her death certificate.
I’m sorry for your loss. If your mother passed away without a will in Canada, it will be difficult to prove that you are the executor and/or beneficiary of her estate without the help of a Canadian probate lawyer. They can help with the current documents that you have to establish your relationship with the deceased and their wishes.
We have strict privacy laws. Even after someone has died we are not allowed to just provide information to a random person. Someone would have to attend in person with either a will or a court document showing they have a right to access. None of this can be done over the phone. It’s a serious privacy violation that would get someone fired and possibly fined. Nobody is going to do that for you. The bank won’t respond to you because right now you are not entitled to that information. No matter how much you contact them, until you are designated as an AR, are put into the system, or have legal representation here that can somehow do this for you, there are no work rounds. You are basically requesting someone breaks the law for you.
Get the necessary documents, find a lawyer in Canada, and go from there.
Please note that just because you are the child of the deceased doesn’t mean you automatically have a right to any funds. If that account was joint it would have Right Of Survivorship and automatically go to the joint account holder bypassing the estate.
Source: I work for a bank and have dealt with a lot of estates.
Not a lawyer. As the recipient of an inheritance spanning both Canada and Europe, please note that there are differences in inheritance rights. In many European countries you are still guaranteed a percent of the estate residuals by virtue of being a child of the deceased. This is not the case in Canada if there is a will that does not name you as a beneficiary of the deceased’s estate. I was forced to share in Europe with two addicts who only showed up after a decade of estrangement once they heard of the death. This was not the case in Canada where they were explicitly disinherited.
“I’m the only child, so everything should belong to me.” No, not in Canada. If your mother’s will names 10 people as beneficiaries of house, cash, car other asset this is an issue for them to sort out. The bank and government only respond to the estate’s trustee.
Who is the executor/estate trustee for your mother’s estate? This is the person who you should be in contact with. Don’t waste money on lawyers until after you have spoken with the estate trustee.
I am very sorry for your loss and also if you are counting on an inheritance that you may have no right to receive. Dying and leaving surprises for your loved ones left behind is such a rude thing to do.
If there is a will and an executor then the executor should provide a translated copy of the will, and death certificate to the bank by contacting that banks ombudsman. They probably also need to provide their photo ID as well showing that they are the person named as the executor.
Not a lawyer, but have had to deal extensively with banks on similar matters.
Firstly, as others have said, her will is her will; you don’t automatically inherit based on family status (if she had died without a will, there are other rules).
Secondly, the bank will not release any of her information, much less her money, to anyone without a proper certificate of appointment of estate trustee (if she was in Ontario; it may be called something different but likely similar in other jurisdictions).
You need a Canadian estate lawyer in the jurisdiction where your mother lived. You will also almost certainly need to come to Canada to expedite things, and it will still take several months, if not longer, to get things wrapped up. Whether or not it makes sense for you to do that will depend upon the value of the estate.
Pay for the Canadian estate lawyer.
Have your lawyer reach out to the estate section of the bank. She can attach a scanned death certificate with a scanned translated notarized copy of the original. She can also ask what else they require.
The likelihood is there’s no money in a Canadian account.
Have you confirmed she has a Canadian bank account?
You said they found a bank card in her purse – have you confirmed it’s connected to an account in her name?
You’ve also said they refuse to provide any information or respond. Do you know if it’s a bank or a credit union?