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Hi all, my grandmother died 2 years ago and left property to be distributed among her kin. My father passed away 12 years ago so his portion was distributed between me and my siblings. However, since my Uncle passed, he showed signs of anger and resentment towards the Will as he thought we did no deserve anything -- as my father wasn't there.
Time passed, the property was sold, he kept in touch through email about the proceedings and what had to be done. However, towards the end, the last 5-6 months, he would delay the distribution with excuse of taxes without any proof. Despite that, we believed him and let him do his thing.
Now it's 10 months after the property was sold, 10 months of a lot of money in his personal account (it wasn't assigned to a trust account). Despite emailing, calling or texting him, he does not pick up, or respond. The Estate Lawyer, who was the main distributor of the will, has not been in contact with him either for the past few months. He refuses to respond.
I emailed my Aunt, asking where he was. They had spoken very recently. She explained to me that he is still upset about his mother's passing, and responds slowly to emails, which I believe is not an excuse for his behavior as a trustee. He was not upset or lacked any initiative up until the point of receiving the money.
I emailed him giving him an ultimatum of a week to respond, with a threat of taking him to court. Today was the last day and he has not responded. We went to the lawyer who is now preparing all the legal proceedings... but his remarks were, the money is all dependent on him now. Even if we sue him, he can still have possession of the money either way.
I live in Ontario, Canada. If anyone is aware of what can be done? For now, it's in the hands of the lawyers, but do you think we have a case?
Time passed, the property was sold, he kept in touch through email about the proceedings and what had to be done. However, towards the end, the last 5-6 months, he would delay the distribution with excuse of taxes without any proof. Despite that, we believed him and let him do his thing.
Now it's 10 months after the property was sold, 10 months of a lot of money in his personal account (it wasn't assigned to a trust account). Despite emailing, calling or texting him, he does not pick up, or respond. The Estate Lawyer, who was the main distributor of the will, has not been in contact with him either for the past few months. He refuses to respond.
I emailed my Aunt, asking where he was. They had spoken very recently. She explained to me that he is still upset about his mother's passing, and responds slowly to emails, which I believe is not an excuse for his behavior as a trustee. He was not upset or lacked any initiative up until the point of receiving the money.
I emailed him giving him an ultimatum of a week to respond, with a threat of taking him to court. Today was the last day and he has not responded. We went to the lawyer who is now preparing all the legal proceedings... but his remarks were, the money is all dependent on him now. Even if we sue him, he can still have possession of the money either way.
I live in Ontario, Canada. If anyone is aware of what can be done? For now, it's in the hands of the lawyers, but do you think we have a case?
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