Archive for July, 2010

Who Inherits Your Money?

Okay, you’re not King Tut. You’re not going to take it with you. You’ll need a will. 

Do you know what happens to your money when you die?

If you don’t have a will, here are three key things to know:

• your spouse or children do not automatically get all your money
• your minor children will not be protected
• your family will need costly court orders

Somebody must first find your money.  That somebody is your executor, called your estate trustee in Ontario.  Before they can collect your money, they need legal authority to act for you. They will hire an estate lawyer to get advice and go to court.

Why invest in a professionally prepared will?

You can choose a person you trust to be your estate executor or estate trustee. For simplicity, let’s refer to this person as your executor.

The executor will be in control of all of your money. 

Executors can sell your property once their authority is confirmed by an estate court.

Getting Probate

This process is referred to as “getting probate” of a will. In Ontario, this is called getting a certificate of appointment of estate trustee.

The estate court certifies who represents you when you are gone.  The court issues a certificate confirming your executor and who shares in your estate.  Your executor can then administer your estate.

They collect all your money, pay taxes and bills and distribute the residue to your family.

Want more tips on being an executor? Get my two free mrwills.com guides to Executor Duties – What You Need to Know and Executor Mistakes – 10 Things Executors Must Never Do.

Register for one of my upcoming webinars about wills or executors.

3 Secrets to Protect Your Family will not show you how King Tut did it. You’ll learn action steps, pitfalls to avoid and get practical checklists to protect your money. Register today.

Who Inherits Your Money?

Who Inherits Your Money?

In part 1, I gave you ways to find the right estate/probate lawyer. Now what do you do with your list?

 Make sure you do your homework. Compare the list of possible candidates. The names of two or three lawyers may surface who work in your neighborhood.  Now you’re ready to start with the next step.   

Invest some time in interviewing a number of candidates to ensure you can work with them.  

You can use the telephone or email to narrow down your choices by asking questions. Here’s a list of possible questions you can ask an estate lawyer:

-                      Will you personally meet with me to discuss my needs? 

-                      Do you spend 30% or more of your time handling estates? 

-                      How long have you handled estates? 

-                      How long does the process take?  

-                      Do you have an information package or website?

 Make sure you feel comfortable talking with your lawyer. Communication skills are important. If this is lacking, you cannot get the advice you need.

 Remember this: the lawyer who prepared the will may have no probate experience.   

 Watch my 1 minute Executor Self Defence video.

Executor Kung Fu Book

Executor Kung Fu Book

Estate Lawyers Are Not All Equal Part 1 of 2

Good probate lawyers can help executors make better decisions. Are you handling an estate as executor? You cannot afford to have an inexperienced probate lawyer.

Finding the Right Estate/Probate Lawyer
 
Here are seven tips to help you. Begin by preparing a list of possible candidates from these sources.

1. Personal referrals.  Your friend or neighbour may have had a positive experience with a probate lawyer.  This is a good place to start.  Do not, however, assume that your needs are identical. You may not get the same results.

2. Professional referrals.  Your bank, financial planner or accountant usually has a list of lawyers he or she recommends.

3. The Law Society of Upper Canada.  Law societies also can refer you to prominent lawyers or certified specialists.  Lsuc.on.ca 

4. Ask other lawyers.  Call lawyers you know.  Ask them for lawyers they recommend for probate and estate administration matters. 

5. Estate seminars.  Contact financial service groups in your neighborhood who hold public or private presentations.  If you attend a meeting, you can personally meet and assess if a probate lawyer is suitable.

6. Internet searches.  Check a lawyer’s website to review their qualifications and experience. Look for possible memberships and publications. This will also help you break the ice before your first meeting. 

7. Advertising. www.yellowpages.ca and community ads may help you identify possible lawyers.  Do not base your hiring decision solely on the size of an ad in the Yellow Pages.

Watch my 1 minute Executor Kung Fu video.

In part two, I’ll cover what to do with your list of candidates.

Executor Kung Fu Book

Executor Kung Fu Book

Need a Certified Specialist in Estates Law?

Certified Specialist Logo

Certified Specialist Logo

You know what a medical specialist does, but what about a legal specialist?

 In Ontario, the body that licenses lawyers is called the Law Society of Upper Canada. It has a certified specialist program for specific areas of law, including estates and trusts.

 The program recognizes lawyers who have met the established standards of experience and knowledge requirements. These lawyers have maintained exemplary standards of professional practice.

 In areas of Estates and Trusts Law, here is what the classification means: http://www1.lsuc.on.ca/specialist/jsp/directory1.jsp

 Estates and Trusts deals with assisting clients to plan for incapacity and the succession of their assets, having regard for their express wishes, the nature and magnitude of their assets, the circumstances and needs of beneficiaries, the tax effects of death, and all statutes and rules of law governing these matters.

It also deals with preparing the documents required to give effect to such plans – especially wills, powers of attorney and inter vivos trust instruments, advising and assisting attorneys and trustees in the execution of their duties, and beneficiaries and claimants against estates and trusts of their rights.

Estates and Trusts deals with administering estates and trusts and acting as counsel, or instructing counsel, in litigious matters on behalf of trustees, attorneys, beneficiaries, and claimants against estates and trusts.

 Not everyone needs to see a specialist.

Specialists handle complex and tax based estate planning. Often, they do not advise executors on estate administration issues.

The area of estate disputes involves lawsuits and litigation. This is yet another area that not all specialists handle.

 Are there advantages to hiring a specialist?

  • Usually specialists can identify complex areas of the law that require special care. Their experience can often be an advantage in quickly finding solutions.
  • In order to maintain their designation, specialists must also meet annual standards of continuing legal education. This ensures that they are familiar with new developments.
  • The public benefits from lawyers who are familiar with current standards and legal decisions.

If you are looking for a certified specialist in Estates and Trusts Law in your neighbourhood follow this link to the law society: http://www1.lsuc.on.ca/specialist/jsp/namelist1.jsp?code=EST&region=