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How to Administer an Estate

You are the executor named in the Will and have obtained a grant of probate – the right to deal with the deceased person’s assets – and you now want to administer the estate. Estate administration involves gathering the assets, paying the deceased’s debts, and distributing what remains. The…

Choosing An Executor

What should you consider when choosing an executor An executor is a person or company named in your will to carry out (“execute”) your wishes and distribute your estate when you die. The role of the executor is to gather up your assets, pay your debts, and divide what remains…

Personal Planning Documents: Powers of Attorney

While people recognize the importance of estate planning many fail to consider the importance of personal planning documents that are in effect during their lifetime. A power of attorney is a document that appoints a person, called an attorney, to make financial and legal decisions on your behalf. The…

Notarizing Documents

Part of a lawyer's job is notarizing documents. A notarization is the assurance by a duly appointed and impartial Notary Public that a document is authentic, its signature is genuine, it was signed without duress or intimidation, and it was intended that the terms of the document to be…

Christmas Vacation with Kids

Since the winter season is upon us, it is time to begin making plans for winter vacation. When parents are separated this can be difficult if they do not agree on the proposed schedule or travel plans for the holidays. If there is no agreement or court order parents…

Foreclosure

Foreclosure is when the lender calls in funds advanced under the mortgage due to default by the borrower. Default occurs when the borrower fails to pay, fails to sign renewal documents or the mortgage expires. Foreclosure is initiated by filing a Petition in the Supreme Court. The Petition must be…

Tree Trimming

Thinking about trimming your neighbour’s tree? The growth of trees along a property line can cause a number of risks, but you have rights if your neighbour refuses to maintain their trees to your satisfaction. You are entitled to trim back branches overhanging your property and to cut/remove roots encroaching or…

Mutual Wills

A tool to help ensure your children aren’t disinherited When spouses only have children together (i.e. no stepchildren), there is typically little concern that their children will eventually receive their cumulative estate. In the case of blended families, things can be more complicated.  Consider the example where a husband and wife…

Is The Government Going To Get Your Estate?

A common misconception is that the government will inherit your estate if you die without a will. Your estate will only go to the government (called escheat) if you die without a will and have no surviving spouse, descendants, parents, grandparents or great-grandparents and also have no surviving descendants…

Dog Bites

Your pet’s first bite may soon cost you more. Pet owners are generally responsible for the actions of their pets.  Using a dog bite as an example, in order for an injured person to be successful in court, the current law requires the injured person to establish the identity of…

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