Archive for the ‘Estate Planning’ Category

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

The Good, the Bad, and the Ugly

The Good, the Bad, and the Ugly

Good, Bad, and Ugly Estate Planning

What’s the difference between a good, bad, or ugly estate plan?

Your answer may differ if you are the person creating the disastrous estate plan or a victim of poor planning.

If you are a victim of bad estate planning you have a different perspective. You could be forced to fix estate planning mistakes.

Ugly planning usually leaves you with few options, except going to court to have a judge fix things.

Your estate planning can have profound consequences for other people. Doing something as simple as dividing your estate unequally between your children could be a bad idea.

Will you be responsible?

Your children may become the victims of this plan.  They cannot understand why they were not treated equally by their parents. They end up living their lives with the pain of sleepless nights.

Sometimes, you create an estate plan that leaves spouses unprepared to inherit all your problems. These can be financial difficulties, former spouses, and difficult business relationships.

Sometimes you do not comply with your obligations under family law to support your spouse. You force your spouse to hire lawyers to go to court. This legal process only causes further financial hardship for everyone involved in the estate.

Sometimes, the problem is your estate pays more than it should in taxes. That’s bad.

Not taking the time to prevent problems like these will cause you to leave the wrong kind of legacy. After all, are we not here to enrich the world and not leave others with added hardships?

Good Estate Planning reflects the words of Thomas Mann who said, “A man’s dying is more the survivors’ affair than his own.”

Good Estate Planning is designed to prevent problems for the people we leave behind.

Good Estate Planning requires you to invest in professional advice.

There are no other shortcuts.

Do you disagree?  Then send me your comments.

If you believe you can do it yourself put your estate plan to the test. Let a professional offer you their comments. Then you will know if your estate plan passes the good, bad, or ugly test.

For more information, you can read Estate to the Heart How to Plan Wills and Estates for Your Loved Ones. Visit EstateTherapy.com today to read a sample chapter.

Hold on, I’m Coming

Arrows

Hold on, I'm Coming

“Life does not cease to be funny when people die any more than it ceases to be serious when people laugh.” – George Bernard Shaw

The other day I was having a drink with my tennis doubles partners, Sam & Dave. We had finished a hard-fought match. Sam started teasing me about my new estate planning website. Read the rest of this entry »

Magnifying Glass

New Power of Attorney Guidelines are Designed to Prevent Fraud

When was the last time you looked at your power of attorney documents?  Can you find the original signed documents?  These legal documents give the person you designate as your attorney the power to handle your property.

But beware of these new rules if you own real estate in Ontario!

Read the rest of this entry »

Estate Potholes on the Web

Caution

Caution! Estate Potholes on the Web

If you cruise the Web looking for legal information about wills or estates, beware!

Information you find about estate planning or about an estate executor’s duties may not apply to you.

Read the rest of this entry »