A sensible estate plan is crucial to ensure a smooth and uneventful transition of your assets to your beneficiaries. While estate planning need not be overly complicated, here are some items that should be thoughtfully considered in consultation with a lawyer, tax accountant or financial advisor. Tip: Perhaps this is …
Our office frequently meets with clients to review their estate planning strategies, only to find that they have already taken significant “DIY” steps based on a magazine article or an online blog – often from another jurisdiction – or even the advice of a well-meaning but mis-informed friend. Not all …
There is a common misconception that Alberta estates, and estates in Canada generally, are subject to an “estate tax” based on the total value of the estate, as in the United States. This is not correct; however, Alberta estates are often face a significant tax liability depending on the nature …
In Alberta, the owner of all real property (ie. real estate) must be registered with the Land Titles Office. The property can be owned as either joint tenants or tenants in common. Most commonly seen for residential home owners is joint tenants. Joint tenants are equal owners of the property. …
Finally, fifteen years after the death of “The Godfather of Soul”, James Brown, his estate has been settled. As with other celebrities such as Aretha Franklin and Prince, who died without a coherent estate plan or a will, expensive and time-consuming litigation has been a hall-mark of the James Brown …
The concept of murder for profit is a consistent theme in real life and fictional pop culture. But can someone who has caused another person’s death also take a benefit from that person’s estate? According to the Slayer Rule, the answer in most instances is no, but there is a …
This is a question that frequently arises in client consultations, particularly with respect to clients who have children with addiction issues or from whom they have become estranged. The simple answer is “maybe and maybe not”. The complicated answer is that the Alberta courts have long promoted the principle of giving effect …
The COVID 19 Pandemic has spawned a number of articles recommending that people write or update their Wills. In the interest of injecting some levity into the situation, I am revisiting this blog post from several years ago. There are several iterations of this article – this version was cribbed …
The short answer is that an Executor is not liable for the Deceased’s debts. However, an Executor is liable for any errors or omissions made in the course of administering an Estate. This includes failing to pay debts or liabilities of the Estate. Common Debts of an Estate Amongst the …
By Gary Kirk of Kirk Montoute Dawson LLP posted in Estate Law on Wednesday, February 7, 2018. As a lawyer who not only practices in the areas of estates and family law but also acts as a Mediator/Arbitrator, this article may appear somewhat self-serving; however, the following reasons are worth …
