Estate question

I guess you should ask law office, not RFD.

Politicalanimal wrote: ↑ My father gifted money to kids while he was alive for income splitting . Some kids didn't get much. The will says estate assets divided evenly. Trustees of estate are the same ones who got short changed. They are trying to keep certain assets for themselves without dividing them up ie father's house. I benefited quite a bit from this unfairness but surprised at trustees actions . I'm pretty sure my father's intention was to divide assets equally but I don't think trustees have right to take things into their own hands

First, ask lawyer.

Personal view: will apply AFTER he is no longer here. What he gift to different kids when he still here is his business and NOT part of the will.

The trustee/executors job is do what the will said, not making his/her own decisions

ask lawyer.

But who will pay the tax after your father passed away? distribute evenly, so house need to sell first? So many questions here.

reps001 wrote: ↑ ask lawyer.

But who will pay the tax after your father passed away? distribute evenly, so house need to sell first? So many questions here.

I assume the estate will pay the taxes before the balance left is distributed.

Sell the house and split evenly, or one sibling buys out the other sibling's share.

What province are you in?

As a soon to be lawyer, the best advice I can give you is to talk to a lawyer.

I don't have a lot of experience in estate matters yet so I'm hesitant to say anything. If you are in BC, the beneficiaries can indeed apply for a wills variation if just and equitable provision was not made under the will (as long as they are spouses or children). And yes, gifts during the lifetime of the deceased will be taken into account.

I don't believe the executors can just refuse to distribute without a court application. So you really need to talk to a lawyer.

Also, not all distributions during the deceased's lifetime will be considered early distribution of estate assets. For example if you receive college tuition but your siblings don't then that's not going to necessarily give your siblings a reason to ask for wills variation under WESA.

But again, all this only applies to BC.

Talk to a lawyer.