It’s not uncommon to lose sleep if you are involved in a probate dispute.

What should you do if you are uncertain how to solve an estate problem?

Get legal advice from an experienced estate lawyer.

Certainty is not possible when you have an estate problem or a lawsuit.
However, you can insist on clarity from your lawyer.

You should expect your lawyer to:

• communicate so you understand 
• outline the steps you must take
• be honest in their assessment
• not make empty promises
• advise you when their opinions change based on new information    

What if you still have doubts? 

Getting a second opinion from an experienced probate lawyer may be just what you need.

You may ask for a second legal opinion without telling your current lawyer.

Subrule 6.03(8) of the lawyers’ Rules of Professional Conduct allows you to seek a second opinion on a matter for which you already have a lawyer.

A lawyer can provide a second opinion based on sufficient information.  Your current lawyer cannot be contacted without your permission.

Have you considered getting a second opinion from a specialist certified in Estates and Trusts Law? You can contact me to arrange an appointment to obtain a second opinion. Call and ask to speak with me over the phone, and I will explain how I can help. Contact my office now.

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=

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.

“Ed, I think the problem you have is your topic. It’s just not as interesting as it could be.”

“I know that Sam; It’s hard to make people laugh about death and dying. Thankfully, everyone wants to talk about money. Nobody likes to waste it.”

Dave offered this advice, “Perhaps you need a tagline. How about… MrWills is my name and death is my game“.

This legal business with estates can be dry and bring you to tears. Yet there is also joy and laughter.

But what if the day comes and you are in trouble? Just remember my name, MrWills.com.

Let me know your thoughts and topics of interest in the blog comment box; I will try to cover some of your suggestions in the coming weeks.

Here’s my thanks to Sam & Dave.

Ed Olkovich aka MrWills

P.S. Many thanks to my tennis partner, Ron, who arranges our matches.

2010 © MrWills.com. All rights reserved. You may reprint this article provided you credit the author and this website as its source.

This information is not financial, legal, tax advice or a substitute for professional advice. Always consult with a professional before taking any action.

Ed Olkovich B.A. LL.B C.S. TEP is a Toronto lawyer, certified specialist in Estates and Trusts Law. Ed is frequently quoted as one of Canada’s leading estate experts. He is the author of several books including Executor Kung Fu and Estate to the Heart, both available at EstateTherapy.com or by calling 416.769.9800.

Contact Ed Olkovich’s office here or call 416-769-9800 to arrange a consultation today.