Sunday, August 12, 2007

Probate Begins

The glacial speed of government is upon us. As I posted earlier I need to go through probate of my dad’s will in order for dad’s estate to be paid his share of his brother’s estate.
This is fundamentally absurd. I’m the executrix of dad’s estate and I know no one is going to make a claim against it as there’s only my sister and me. Most of the money has been paid out with just a bit left in the estate account to cover the grave costs.

But rules are rules, apparently. Exceptions aren’t to be made.

No one was going to come crawling out of the woodwork. No one was going to contest the will. Everything was going to be fine.

However, because of this process, my sister will get a letter in the mail from my lawyer. It will advise that she has a six-month window to contest the will.

She’ll be upset. She’ll wonder what to do. She’ll ask me or yell at me or both. Obviously, I’m in a conflict of interest and can’t tell her anything. It’s my money at stake.

I don’t know that she’d do it of her own accord. I don’t think she would. But she’ll talk to her friends and some of our relatives and someone will tell her to do it.

My sister, being mentally ill, collects AISH, Assured Income for the Severely Handicapped. The Public Trustee can contest dad’s will on her behalf. There’s precedent in this Province for the AISH recipient to be award the entire inheritance.

The reasoning, my lawyer explained, is better private money than public.
Those are fine words, but AISH recipients can have up to $100,000 and still collect public money. Where is the saving to the taxpayer?

My lawyer noted that to date, when inheritances are split fairly between beneficiaries, the PT’s office hasn’t stepped in. But she further noted that just because it hasn’t happened, it doesn’t mean it won’t happen.

I have six months to wonder. My lawyer suggested the probate process could take up to a year. This assumes another cousin of mine, who also has to go through this infernal waste of time, gets his probate matter going right away.

Perhaps there’s a lesson for me here that I’m not seeing. I have money in the bank. I can look at the total in my bankbook. I can dream. But I can’t touch it.

If my sister is awarded it, then I have to give it to her. If I was just a beneficiary and I spent it all, then she’d be out of luck. But as the executrix of dad’s will, I’d be on the hook for it.
Today is new moon and that means it’s abundance cheque time.

Write yourself a cheque within 24 hours of the new moon in your area. You can find that out here.
Do not date it. Sign it “The Law of Abundance” and put it away.

Remember, abundance comes in many forms. It might be money, friends, love, work, time.
Perhaps today as I write it I’ll specifically ask the Universe for an abundance of speed in getting these estate matters settled.


Crabby McSlacker said...

What a frustrating situation! And wow, that sounds so unfair that your portion could just arbitrarily go to your sister.

But if anyone can manage to be patient with an annoying situation and just put troubling thoughts aside, I would guess that would be you!

Leah J. Utas said...

Thanks for your vote of confidence, Crabby. It means a lot.
Yes, it's very frustrating and unfair, but there's no arguing should that decision be made.

Dawn said...

Hopefully your lawyer is correct in
guessing that the Public Trust won't step in. But what a horrible situation to be put in. I hope the New Moon brings an abundance of speed and patience for you!

Leah J. Utas said...

Thanks for the wishes, Dawn.