Halifax mayor removed as executor of Thibeault's estate
The heirs of Thibeault have applied in June for the dismissal of Kelly, whom they alleged took more than $175,000 from the woman's assets.
It remains unclear whether that money was refunded.
By Oct. 1, Kelly has to file an affidavit at the Probate Court of Nova Scotia detailing his time as the estate executor.
He will also submit to the court the estate’s financial account from the time that Thibeault died in December of 2004 until he was discharged as executor.
Afterwards he will follow the standard practice of meeting with the registrar of the probate court by Jan. 15 to formally review his stint as executor as well as evaluate the estate’s account.
Heirs want to get rid of Halifax mayor as estate executor
This amid allegations that Kelly has taken $175,000 and more from Thibeault's will.
It has also been seven years since Thibeault died but the Halifax mayor has not yet settled the estate.
The move of the five heirs is supported by two others whose names are also included in the estate. Both said Kelly's delay in settling the estate and other actions which are questionable have left them with no choice.
The heirs' lawyer Lloyd Robbins of Halifax had written to Kelly's lawyer in March 2011, tracing the path of the supposedly missing funds.
Thibeault died Dec. 7, 2004. Although some of her heirs have received $25,000, at least two died waiting for the accounts to be settled.
According to a lawyer for Kelly, if the beneficiaries agreed to be silent about the incident, the mayor would be willing to refund the amount taken.
Halifax mayor facing questions over estate
The controversy is building over allegations of missing money and long delay in settling Thibeault’s estate. Thibeault died in December 2004.
Kelly has so far been directing all queries to his Halifax lawyer Harry Thompson, who is currently on vacation, saying the matter is a private one.