CONCERNS WITH JOINT ASSETS WITH CHILDREN FOR ESTATE PLANNING PURPOSES

Clients often ask us to transfer their assets (including their house) so that it is held jointly between them and one or more of their children. Transferring your assets into your name and one or more of your children’s names as joint tenants in order to avoid probate tax is often a bad idea. [Read more…]

DROPBOX ALLOWS REMOTE ACCESS TO ALL YOUR FILES

DropBox is cloud based storage for your computer. With a DropBox account you can save your office files to DropBox and then access those files from home or anywhere else you might happen to be.

DropBox simply appears in your file explorer window as a drive. You can create subfolders within your DropBox account. [Read more…]

TRUSTS AND THEIR USE IN ESTATE PLANNING

Trusts are similar in function to a gift left to someone in a Will, except that Trusts can be set up either within a Will or while the “settlor” (the person creating the Trust) is still alive. A Trust is created using a written instrument that sets out the terms of the Trust. A Trust needs to appoint at least one trustee, who administers the Trust for the settlor according to the terms set out in the document. Most Trusts are set up to be “irrevocable” which means that once they are set up and the assets and/or money being held by the Trust is transferred to the trustee, the settlor cannot change their minds and get the assets or money back. [Read more…]

TO AVOID CLOSING DELAYS, CONSIDER BRIDGE FINANCING

It is common for people who are selling a house and buying a replacement home to have both deals close on the same day. This can sometimes result in closing delays. Your sale transaction has to be completed before your purchase transaction can close as the funds from the sale are required for the purchase. There is no way for you to know how many other “downstream” transactions have to close as well. If your sale transaction closes late in the day there may not be enough time to transfer funds to the lawyer acting on the other side of your purchase transaction. In that event, your furniture may be stuck on a moving truck and the moving company will likely charge you hefty standby fees. [Read more…]

ALL IS NOT LOST WHEN AN ORIGINAL WILL IS LOST

Executors and the beneficiaries of an estate may panic when they discover the deceased’s original Will has been lost or destroyed or they just cannot find it. The courts may allow a copy of a Will to be probated in the place of the original Will in the right circumstances.

You must be able to show:

[Read more…]

OUTSTANDING CLAIMS AGAINST AN ESTATE

If you are acting as an Estate Trustee, you may have to deal with a person who decides they want to make a claim against the estate for money they believed the deceased person owed them, for any reason. Sometimes a person may only make a suggestion that they will file a claim but have yet to follow through on actual court documents. In any event, an Estate Trustee could be liable if they distribute the estate with the knowledge that the claim is a possibility and that person later files a claim. [Read more…]

CHARITABLE GIVING

Planned or charitable giving is a unique opportunity to “have your cake and eat it too”. A gift to a charitable organization can help you take full advantage of incentives offered by governments as it relates to estate planning and estate taxes while allowing you to provide for charitable organizations that are close to your heart. [Read more…]

HOME OIL TANK REGULATIONS YOU NEED TO KNOW

New requirements for the installation and inspection of fuel oil tanks (above and below ground) were introduced by the Technical Standards and Safety Authority (TSSA) in October 2001 to reduce the number of fuel oil leaks and spills that occur throughout the province each year. In November 2002 the TSSA advised all owners of fuel oil heating systems of the requirements to have their heating systems inspected by qualified oil burner technicians, and the need to register their underground (buried) fuel oil storage tanks with TSSA. [Read more…]

ESTATE LITIGATION AND LIMITATION PERIODS

In Ontario, there is a general two-year limitation period in which a person can bring a claim in court on a civil matter. Whether or not this limitation period applies to estate matters can be dependent upon the situation at hand.

The two year limitation period is subject to a concept called ‘discoverability’. This means that the two year limitation period does not start to run until the time that a person knows, or reasonably could have known, that the cause of action occurred. [Read more…]

BASECAMP PROJECT MANAGEMENT BRILLIANCE

Basecamp is a web-based project management tool that was created in 2004 by 37 Signals.

Utilizing Basecamp in a legal setting offers many unique opportunities. The one that really excites us at Gilmore and Gilmore is the ability to create projects for each of our clients then invite them to participate. Now rather than having to go back and forth exchanging communications filling our inbox with updated versions of assorted documents, we are able to consolidate the work in one place. [Read more…]