View Full Version : Estate money
mrsbugs
Jun 20, 2013, 11:24 AM
I am in ontario and was the exectutor of an estate, the other benificiary declined the money 7 years ago when a check was sent to him, now his estate wants the money which I had taken into trust, do I have to give up that money since its been over 7 years.. thanks
ScottGem
Jun 20, 2013, 11:39 AM
Can you prove the check was sent and declined? If so, you may be able to argue that the inheritance was declined.
ebaines
Jun 20, 2013, 11:50 AM
Did he inherit any other assets, and did you have him sign an acknowledgement that his interest in the estate was fully satisfied? In most jurisdictions if an heir refuses an inheritance he must do so in writing. If he did so then you're set. But if he didn't do it in writing and you don't have a signed acknowledgement then he never officially refused hs inheritance, so it should not have gone to the alternate heir (which I assume was you), which means the estate is still not fully settled, and I would say that yes, you would have to turn it over. However, I would advise that you ask an attorney familiar with the specifics of Ontario estate law.