Probate District: BW
Probate Court File No. 14006
PROVINCE OF NOVA SCOTIA
COUNTY OF LUNENBURG SS
IN THE COURT OF PROBATE
Cite as: Selig Estate (Re), 2011 NSPB 2
IN THE MATTER OF THE ESTATE OF LARRY DAWSON SELIG
DECISION
A closing of the above noted estate was scheduled for Thursday, October 6, 2011 at 10:00 o’clock in the forenoon.
Present at the closing were Linda Marie Grimm, Personal Representative, David C. Melnick, Proctor for the estate and Jamie Selig, one of the residual beneficiaries.
An Application to Pass Accounts without a Hearing was filed and Jamie Selig, one of the residual beneficiary, filed a Notice of Objection to the Final Accounts. The first objection listed in the Notice of Objection was released by Mr. Selig.
There were a number of objections raised in the Notice of Objection, number 3 and 4 were dealt with at the hearing. The two remaining objections were the matters of the property taxes for the years 2008, 2009 and 2010 and the furnace installed in the mobile home in 2009 while Isabelle Selig was residing there.
Clause 4(c) of the Last Will and Testament of Larry Dawson Selig states as follows:
“I direct my Trustee to retain in trust my mobile home and the land on which it is located (PIC 60173796) at 328 Southside Road, Stonehurst for the life of my mother, ISABELLE SELIG or until she leaves the mobile home without intention of returning. She shall have the right to live rent-free in the mobile home with persons of her choice for the rest of her life, provided that she pays the taxes, maintenance and repairs while living there. Upon her death or upon her leaving the mobile home without intention of returning, whichever occurs first, I direct that the land and the mobile home shall go into the residue of my estate.”
In 2010 there was a Notice of Application filed by Jamie Selig for the removal of Linda Grimm as Personal Representative. In an Affidavit filed by the Personal Representative on June 14, 2010, Linda Grimm advises that she paid the 2008 interim property taxes and the 2009 interim and final property taxes from the estate. She further explained that Isabelle Selig paid the 2008 final property taxes. Included in the Affidavit was the only bank account held by Larry Selig was held jointly with his mother (Isabelle Selig) and any funds were passed to her at the time of his death. It was also included that a life insurance policy named Isabelle Selig as the beneficiary and therefore those funds devolved directly to her. She also advises that Isabelle Selig paid for the funeral expenses from the life insurance proceeds. The Statement of Commission of the Linda Grimm also states that she has paid for the funeral expenses from her own resources. I will require proof of who paid the funeral expenses to be filed with the Probate Office.
As Registrar of Probate I am under the obligation to follow the terms of the Will. I order that the amount of $4,101.91 be deducted from the Statement of Commission and Reimbursement.
Dated this 7th day of October, 2011.
Registrar of Probate