Ask a Lawyer: Wills and Estates

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Selling assets

Reba Campbell (Edmonton)

My Mother died without a will. Funeral home appointed me the legal representative. I am getting the paper work ready to file for grant administrator.

Am I able to sell her only asset (car) to start paying off debt?

Do I have to wait for the certificate of clearance from the CRA before I sell her one asset and pay for funeral expenses and creditors?


0 14 months ago

Kimberley Ketsa - Long Family Law Group LLP (Edmonton)
   Verified Lawyer

The Grant of Administration from the Court is what will allow you to act as Personal Representative. Once you have the Grant, you will be able to sell assets. This usually happens before the clearance certificate. Being a Personal Representative comes with a lot of important responsibilities. It's best to have a consult with a lawyer so you can get more in-depth advice.

0 14 months ago

Reba Campbell (Edmonton)

Thank you so much. What happens if we cannot afford a lawyer from the estate? Or does the funeral and legal fees get paid first and then the CRA and finally debts?

0 14 months ago

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