HOW MUCH DOES A WILL COST?

HOW MUCH DOES A WILL COST?

Most people put off getting a Will for the obvious reason. It’s not viewed as something important. However, the other reason is costs. It’s obvious that people are generally afraid to call a lawyer because they think they will end up spending thousands of dollars.

For the most part, the cost of a Will is generally affordable. Most Wills and Estates Lawyers will offer competitive rates and may work on a flat fee basis. Also, if the Will is generally a standard Will, you can expect to find reasonable rates. By standard Will I mean, the typical customer who comes in, such as husband and wife with two or three kids and one home and or a cottage with some minimal savings in their account.

In many situations lawyers will also recommend a power of attorney for care and property. This is not, so that the lawyer can make some extra cash off the customer. This is again done for the purposes of ensuring procedure estate procedure.

NEED A LAWYER FOR A WILL NEAR ME

If you are looking for a lawyer for a Will in Ontario call my office.

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Get a Will! You never know what can happen!

I need a Will but I have no time!

Most people understand that a Will is an important document. However, many put off getting a Will. This mentality stems largely from the fact, that we think we are immortal or in the alternative for obvious reasons death is something we don’t like to think of.

As we know, just by watching the news, or stories from friends and colleagues that anything can happen to us at anytime.

During the Christmas Holiday season a prospective client called about having a Will prepared for his ill father who was in the hospital. There was a sense of urgency due to the extremely unfortunate circumstances that this gentleman had been given weeks to live by his medical treatment team.

One can only imagine how horrifying and tragic this news is to anyone at anytime in their life. This gentleman was bedridden therefore, to prepare the Will it would be necessary to attend at his bedside at the hospital. Apart from the administrative issues, such as finding a witness, taking notes in a hospital etc. The biggest challenge both the lawyer and client face given the medical condition is ensuring that everything has been discussed. Also, there is no room for error.

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

When you die without a Will – The story of Roger

Roger died without a Will.

I heard an unfortunate story the other day about the untimely death of an individual I will refer to as, Roger.

Roger passed away during the Christmas Holidays due to a heart attack. He was 50 years old. Roger had no other family other then an elderly father in his eighties who did not live with him. However, it was his elderly father who ultimately went over to find his son, still laying in bed with his clothes on, cold to the touch and turning greyish – blackish. Roger might have been dead for two or three days.

During his life, Roger operated a successful paving company that earned him a very healthy living. Roger was very likely making a few million a year from his company. However, if you met Roger he didn’t look like it. He wore, ripped t-shirts, jeans and sneakers. He was a steak and beer guy.

Since Roger had never been married, had no common law spouse or girlfriend or children his elderly father was the only one left with cleaning up his apartment. As a result, Roger’s friend, who I will refer to as Mark stepped in to help.

On cleaning his friends apartment, Mark noticed that Roger had a wardrobe perhaps in the amount of $20,000 or more. Roger’s closet was lined with expensive Italian suits that Mark estimated could have been $1500 to $3000 dollars. Roger also had about two hundred pairs of expensive custom designer shoes and boots made from snake skin and alligator skin. Mark estimated these to be in the range of $1000 to $2000.

As Mark looked through his deceased friend’s clothes whom he had just chatted with earlier during the week, Roger’s father walked in, “I am gonna donate all these clothes to the Salvation Army, unless you want them.”

Not only did Roger leave behind an expensive wardrobe that was now to be donated, but also some valuable properties. Roger was also a car and bike enthusiast and his garage was outfitted with classic muscle cars and Harley Davidsons.

There was no one left to succeed or inherit his lucrative business or any direction for his employees.  In the interim, Mark stepped in to assist to ensure that existing agreements between Rogers company and his clients were honored. All of Rogers assets and investments are unknown at this time.

The moral of the story is, that Roger spent a lifetime building a successful business from scratch, and purchasing lavish material possessions as so many of us do. In the end, he did not properly plan for his estate. His elderly father will not have the mental and physical stamina to make inquiries with respect to Roger’s estate.

Roger could have avoided all this by simply drafting a Will. Where he could have disposed of estate adequately.

I am a Wills Lawyer in Burlington.

 

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Buying an Estate Home

I WANT TO BUY AN ESTATE HOME

On a Saturday morning in the fall I received a call from a Burlington Realtor asking about how to word an offer on behalf of her clients the buyers, purchasing a home that would be an estate sale.

Since, I am such a super lawyer I emailed her back with some thoughts. There are a few things to consider when thinking about real estate and wills and estates and probate.

If you are the buyer you should ensure that the offer is structured as in a way to protect your client. The seller will likely have to go through the probate process. Probate is the official court process wherein, an individual or trust company will be appointed to manage the estate. The actual term is Estate Trustee or Executor but to make it easy I just refer to them as the Manager.

In some situations, the home might have already been put up for sale, with the seller still looking to be appointed as Manager. The official document needed is the Certificate of Appointment of Estate Trustee with a Will or Certificate of Appointment of Estate Trustee without a Will.

HOW DO I STRUCTURE THE AGREEMENT OF PURCHASE AND SALE WHEN ITS AN ESTATE?

In this situation it might be practical for a flexible closing date that allows for an extension as mutually agreed upon. In this type of transaction it is the buyer who assumes more risk. A real estate lawyer or realtor will advise about some of the obstacles. For example, the buyer might be looking to sell their home around the same time they close on the estate home.

The second more concerning scenario is the buyers lack of knowledge about the estate. What if there is an estate dispute? What if another family member of the estate contests the appointment? Estate Litigation can last for years. The last thing a buyer would want no matter how amazing the property is to be locked into a transaction waiting on the outcome of a protracted court battle. Also, what if the court finds in favour of another family member. Think of the consequences this could have?

AGREEMENT OF PURCHASE AND SALE AND PROBATE CLAUSES

As a result, it’s a good idea to have a probate clause in the Agreement of Purchase and Sale.  This not only forces the seller to acknowledge they have the Last Will and Testament but also something to ensure they will start the court process expeditiously.

Samples of these clauses can be found here: Probate Clauses

For additional information feel free to call or email my office. I am a Real Estate Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

 

 

How do I prepare a Will?

How do I prepare a Will?

Many Wills and Estates Lawyers will advise that prior to the first meeting prospective clients complete a questionnaire. This is used for the purposes of assessing an individual’s estate and further to draft the Will. This form should be completed as accurately as possible. Certainly, during your legal consultation additional questions from the lawyer will assist in providing clarity.

Below is a form that I provide to my clients prior to my first meeting. I have uploaded the link here for additional ease of access.

Wills and Estates Form

At the interview stage, this questionnaire along with an individual’s responses help the lawyer to start the process of preparing the Will. Not only that, it also gives the lawyer insight into the individual’s life, their goals and concerns. For example, an elderly mother might not want to give anything to one of her children.

In this intimate legal consultation a wills and estates lawyers job is to ensure that he or she really understands the client’s needs.

Can I just use a Will kit?

No.

Many will think that a Wills and Estates Lawyer frowns on this only because it takes money away from them. This is not the case. A Will is not a one size fits all template. We all have unique circumstances in our lives that should be reflected adequately in the Will.

An experienced Wills and Estates Lawyer can provide practical advice about estate planning that could reduce expenses and ensure your loved ones get the most from your estate.

How do I contact a Wills and Estates Lawyer

Do your homework. If you would like to speak with me I am local in Burlington, Ontario.

Feel free to text or call me at 416-505-4901 or call toll free: 1-800-939-9211

My law office is located at 901 Guelph Line, Burlington, Ontario.

 

What should I know about my Will if I am getting remarried?

Your Will and Remarriage

The hit series Golden Girls ended when Dorothy Zbornak, after years of unsuccessful relationships was swept off her feet by a dashing man named, Lucas Hollingsworth. Lucas played by the late Leslie Neilson and Dorothy played by Bea Arthur. Two legendary actors.

Dorothy and Lucas wed, thus causing Dorothy to move away with Lucas. What if, Dorothy lived in Ontario and had a Will prior to marrying Lucas?

Dorothy had children from a previous marriage and an ex husband, Stan Zbornak. If Dorothy had a Last Will and Testament it would be revoked on her marriage to Lucas. Shortly, after if Dorothy died without a Will her passing would be intestate. Therefore, according to Ontario law, Lucas would stand to inherit the first $200,000 of her estate with the bulk distributed amongst her two children Michael and Kate.

Technology and healthcare are causing people to live longer. Therefore, the scenario between Dorothy and Lucas is not all that uncommon. A Will being revoked on marriage leaves the door open for exploitation. Particularly, if the testator can be emotionally lured or intimidated. However, in many cases it seems the testator is actually wooed by the new partner.

Dorothy was so smitten by Lucas, she would have done anything.

It would be wise for those looking to get remarried to consult a Wills and Estates Lawyer. Preventive measures should be implemented to protect the testator and his or her estate from harm.

It would be wise to:

  1. Plan effectively and consult with a Wills and Estates Lawyer;
  2. Weigh your options with respect to title and ownership with your new spouse;
  3. Consult with a financial planer;
  4. Consider your options with your beneficiaries.

The above can be effective in reducing further estate litigation. However, a serious issue is whether or not the testator particularly if they are older have the legal capacity to enter into the marriage.

I will discuss that in another blog entry.

If you would like to speak with a Wills and Estates Lawyer in Burlington then please call my office. I also provide legal services in Halton, Hamilton and Milton.

PH: 416-505-4901

Address: 901 Guelph Line, Burlington, Ontario