What’s the difference between a friend, a family member and a lover? All three have different rights to share in estate property. How can you be affected by these rights? It depends if you are an estate executor, estate beneficiary or surviving common law spouse. Here are…
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Clients wonder how mediation works in estate cases. As an estate lawyer, I use mediation to resolve clients’ estate disputes. Want to learn more about mediation? Read this preliminary letter I sent to Joan (a fictional client) before her mediation. Dear Joan, You will be…
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You may need some good news if you have recently lost your common law spouse in Ontario. If you qualify and need support, laws allow you to apply for dependant’s relief. The hard part is that, like many of my clients, you need to start a legal…
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Estate disputes are common events. These disputes range from seating arrangements at a funeral home to court cases contesting a will. Are you an executor or, in Ontario, an estate trustee? You must hire lawyers to perform legal work. If you do, are you, as executor, liable…
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Do you jointly own property with someone? A secret severance can steal your survivorship rights to your most valuable asset – your home. Worse, it can force you into a lawsuit. Here is what you need to know. Is your home in joint tenancy with a spouse…
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Do you own real estate with someone as joint tenants? There is a danger you need to know about. You can be pushed into costly lawsuits as the surviving owner and lose your ownership rights. One benefit of joint tenancy is that it gives the last surviving…
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When a person dies without a will, they cannot name an executor. There is no one in charge and the panic starts for your family. They need lawyers to find out what to do. You don’t want that for your grieving relatives. The government has rules that…
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Let’s look at lawsuits between common law spouses over property. In my thirty years of experience, these cases are bitterly contested. I will explain how a lawyer can attack or defend an estate. The Kerr decision gives a template for common law spouses to resolve their property…
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The word joint pops up in all the posts this week. I am sharing stories to explain the word’s different legal meanings. “Joint” now has new importance for domestic partners. Your common law partner has rights to your property if a joint family venture exists. Are you…
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Could you be in a joint family venture? Diane was a common law spouse suffering because of a broken promise. She came into my law office looking for help. She had lived with her common law spouse, Fred, for 14 years. They shared the purchase price of…
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