Clients who act for a person under a power of attorney must keep records. How long must attorneys keep their accounts and records? The deadlines under the regulation for retention are set out here: Substitute Decisions Act, 1992 Regulation 100/96 6. (1) Every attorney and guardian shall retain the…
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Healthy Executors are Not at Risk
Let me clarify that headline: All executors are at risk if they do not understand their legal duties. You can be attacked by estate beneficiaries, taken advantage of by smooth sales people, and even get sued. I encourage executors and estate trustees to get proper legal advice….
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Executors: Change the Locks to be Safe Not Sorry
Real estate creates a different set of responsibilities for estate executors. If you are the legal representative of an estate, consider the real estate issues in this post. It’s important to get the right legal advice to protect yourself. You never know who may have a key…
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Making Your Will – Where Do You Start?
Have you put off writing your will or thinking about estate planning? Perhaps you wanted to wait until you have had more time to ponder all your choices. At least that’s how you rationalized it. But if you don’t write a will, you cannot protect your family…
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Powers of Attorney – Your Golden Opportunity to Control Your Money
Last week, I appeared on television as an expert on powers of attorney. I’ll tell you about the show in a moment. First, I want to give you the three key benefits of having powers of attorney. Remember these benefits for yourself and your loved ones. Powers…
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Power of Attorney Disputes – Courts Can’t Always Resolve Relationship Problems
Domenic called me to ask for legal advice. His sister had their father’s power of attorney. She had “taken control of my father’s welfare and wealth,” as he put it. Now his sister was ignoring him. “What are my rights to challenge her in court?” Domenic asked….
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Executors: Follow These 5 Income Tax Rules
Do executors have to pay someone else’s income taxes? Wouldn’t it be nice if they got a free pass? You know like a get-out-of-jail Monopoly card. But this card also gets you out of tax trouble. Well, the reality is estate executors have to pay all of…
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Executor Duties: When The Estate Has No Money
You receive a phone call late at night. Your distant cousin died and made you executor of his estate. You want to help and jump into action. Consider if you should accept the job. You may think I am callous. After all, a person asked you to…
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Are You an Ontario Surviving Common Law Spouse Who Needs Support?
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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What Do You Do If The Will Is Ambiguous?
My wife told me that her dream had an important warning. She described the characters in her dream. “They were wearing red coats. Red means risk and danger,” she said. “Don’t take any unnecessary chances today.” I’m no Sigmund Freud when it comes to interpreting dreams. But…
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