Legal advice

[bombay_43]

Has anyone here ever filed an Originating Notice in order to have a mortgage removed from their land title?

We paid off a mortgage several years ago, but the land titles office refused the discharge of mortgage, due to the fact that one of the names on the mortgage was unable to sign the discharge, as he had passed away. His elderly wife, sees no reason to have it removed, as "we both know it's paid off! It's ok to leave it". She comes from the age where a hand shake use to be enough!
The deceased's will was not probated, or the land titles office could remove the mortgage with a certified copy of the probate. Our only option without upsetting the elderly wife too much, is to ask the court to instruct the registrar of the land titles office to remove it. (upon presenting to the court, documents proving it is paid off)
I don't want to pay high lawyer fees in addition to the cost of filing these documents.(Around 200 dollars as I understand) I do however wish to ensure that I am filing the correct documents.
Anyone here familiar with these documents and can offer any insight?
I live in Alberta, and it is my understanding that this matter will need to go before the Court of Queens Bench.

[farmers_son]

It does not matter that the estate has not been probated. Someone will have been appointed representative or executive for the estate of the person who passed away. That person can sign the documents you need.

If for some reason the family cannot provide you the name of the representative (for example someone is appointed by the courts through the issuance of a ‘testamentary grant’ to perform the duties estate trustee) you can go to Court of Queens Bench and obtain that information for a small fee.

[bombay_43]

The rejection notice that we received from Land Titles office, requires both a certified copy of Probate and the signature of the executor of his will, as well as documentation proving who was to administer his will.

It seeems a little complicated to me! I thought a copy of his death certificate and a signature by his executor would be in order, but apparently it isn't.

I appreciate your input on this FS!