Friday’s Child – Dance of the Wills

Update - I’m happy to report this matter is nearly resolved. Changes in the Public Trustee’s office meant there was no longer a need for this matter to go to probate. Payment of my dad’s share of his brother’s estate is slated to arrive shortly.
But this is how it was last year and for that reason I have chosen to run this again.

From Sunday, August 12, 2007

Dance Of The Wills

Bike rides have a way of clearing my head. Matters get resolved in some fashion. Perspectives change. Life gets easier.
Yesterday was like that.
My sister is about to be invited to contest our dad’s will. It’s because the Public Trustee’s office needs it to go through probate in order for his estate to receive his share of his brother’s estate.
Uncle Reynold was in public care for virtually all his adult life. Government money he received went in to the bank. He died a few years ago and his money is to be distributed evenly among his survivors.
My lawyer will send my sister a letter explaining the need for probate and advising her she has six months to contest dad’s will. This is where the fun begins.
She’ll be upset and will rail at me for doing something to her. Not that she needs a physical trigger for this.
She recently decided for no earthly reason that I’d sent Social Services to investigate her. When my husband took the call the other night she ranted about not wanting to be victimized any more and demanded of him that she speak to “that thing you live with.”
A registered letter from a lawyer is sure to send her around the nearest bend, and she’ll insist on knowing just what it is that I’m up to.
I can explain the situation, but I can’t advise her. I’m in a conflict of interest because it’s my money she’d be getting.
I don’t think she’d contest dad’s will of her own accord, but she’ll talk to her friends and our relatives and somebody will tell her to do it.
Because she is an AISH (Assured Income for the Severely Handicapped) recipient, the Public Trustee’s office can contest the will for her of its own volition.
I can’t do anything about it. It is very possible that she could be awarded every penny of our inheritance. I’ve already told my lawyer that if it’s contested I’ll just pay it.
Am I rolling over and exposing my throat like the losing dog does in the fight? Well, yeah, I am. But I won’t win so there’s no point dragging it out.
It’s hard to not to resent the situation it. I put up with her violence and abuse. Now I may have to pay her for it.
The government believes private money is better than than public, and that’s why the Public Trustee’s office can make a bid for reallocation of an inheritance. In theory that’s great, but an AISH recipient can have up to $100,000 in the bank and still get the monthly cheque. Public money is still being spent.
It was tough to swallow at first, but it’s getting easier. I went for a bike ride yesterday and the fresh air cleared my mind. It was a fairly warm day, but not too warm, really just a pleasant day in fullness of a mature northern summer.As I pedaled I thought. I have a good life. I have a love and friends and a home and no debt.
I step outside and see the mountains. I have fresh food and fresh air and can go hiking or biking or anything else I want any time I want.I have my own vehicle. I work at home.
I’m living the life I want.
My sister collects AISH and lives in a mental construct of hell. She called me evil recently and at the time I am sure it was her absolute truth. Whatever she accuses me of she believes at the time. I understand that.
She is largely unable to help herself and is swayed easily by others. She doesn’t listen to me, but she accepts as gospel the most nonsensical claims of others.
Most of my inheritance is my bank account with only a bit left in the estate account. I was going finish paying for dad’s headstone next month then close the account and send my sister her remaining allotment.
I can’t do that now because of probate.
I can’t touch my portion of my inheritance either because I might have to pay it all to my sister. She might give it all away or spend it on whatever she fancies.
It is difficult to not resent the fact that the money my dad wanted me to have, the inheritance he designated for us to share equally, could go to her and quickly slide through her fingers.
Certainly I’m imagining the worst outcome for me because I need to prepare for it. It may not happen. But should this come to pass I have to be ready.
And it is, after all, only money.

A Miracle In Three Parts

Yesterday I signed some papers at my lawyer’s office and it was a miracle. It means my dad’s estate gets its share of his late brother Reynold’s estate without going through probate.

The Public Trustee’s office had insisted on probate. It was policy and no reasoned, logical argument offered by my lawyer held any sway. Time and cost aside, it meant that very likely a trustee would have to be appointed for my mentally ill sister as the Probate Court might not accept personal service of the notice of probate on her. That opened up all manner of possibilities including, but not restricted to, her challenging dad’s will.

We got working on the probate and I still asked the Universe for a change to the policy. I asked for matters to be settled without probate. I thanked the Universe for making it happen.
Last August the PT’s office changed its policy allowing for estates under $5,000 to be paid out without need of probate.

It was a miracle.

However, dad’s share was more than $5,000 so it wasn’t a miracle I could use, but it helped two of my cousins. I thanked the Universe for making it happen.

I filled out the forms, gave them to my lawyer to file, and kept pestering the Universe.
In the fall the PT’s office decided to pay out all the other beneficiaries. It was the second part of the miracle. I thanked the Universe for making this happen. I kept asking for the probate requirement to be removed and continued to thank the Universe for making the change.

Meanwhile, staffing issues at my lawyer’s office meant probate hadn’t been filed yet. I met with her in late November, went over the papers, and signed something. It was ready to go.

In December I learned from my lawyer than another change was underway at the PT’s office. In it, payouts under $15,000 could be made without probate. It was recommended we not file probate. That seemed logical to me.

Even though I had the letter I still asked the Universe for the policy change and thanked it for making it happen. Earlier this month the policy change was finalized. I signed an indemnity form and now dad’s estate can be paid out.

I asked for a miracle. I got three of them.

Thank you, Universe.

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.

We’re From the Government. We’re Here To Help You

Here’s a head-shaking moment courtesy of government bureaucracy.
I’m waiting for a call back from the Public Trustee’s office. I like to think I won’t be waiting long to clear up this matter, but the government’s pace can be glacial.

A few years ago my Uncle Reynold died in government care. He’d been a ward of the Province for most, if not all, of his adult life.
Consequently his government cheques such as AISH (Assured Income for the Severely Handicapped) were banked.

A few month ago my dad was advised that everything was sorted out as to who gets how much and that cheques were to be sent out.
Shortly after finding this out my dad passed away. Logically, the simplest and easiest thing to do is make dad’s cheque out to his estate.

But this is the government and logic is a stranger in a strange land.

I asked the Public Trustee’s office back in January what they needed from me in order to get Uncle Reynolds’ money released.
The fellow I spoke with said I needed to send him a copy of the probate.
But probate wasn’t necessary in my dad’s case.

The fellow didn’t have a response for that so he said he’d get back to me.
Yesterday I received a letter from the Public Trustee’s office advising me that I needed to send along a copy of the Grant of Probate.

I’m sure this fellow is just following the rules.
He’s probably forgotten that I said there was no probate.

I’m sure this can be handled simply and efficiently, but for now I’m just going to shake my head.