Brian Madigan LL.B. Question: I am concerned about my mother. Ten years ago, she married a man who now seems to be in ill health. He has operated his own …
Joint Tenancy: Estate Problems
By Brian Madigan LL.B. While there are some advantages to joint tenancy, there are also some problems. The primary advantage is the ease of administration of a deceased’s estate. It …
Non-Titled Spouse and Rights Concerning Deceased’s Estate
Question: The wife survives but she is not on title. This is a second marriage, so the Will includes the husband’s children of his first marriage. Can she stay in …
Joint Tenancy: Statutory Termination
You might wonder about the statutory termination of a joint tenancy under the provisions of the Family Law Act. It is important to review the Act carefully in order to …
Title Transfer in Estate
(Ontario) Question: If a husband has passed away and he left a will to his wife stating that all his assets will pass to her and then their children when …
Who Gets Your Estate?
Ontario Are you married or not? Are you living together with someone in a marriage like relationship? In Ontario, you need to be married to be a spouse. In British …
Utilizing a Parent to Avoid Capital Gains Tax
As parents become elderly, it’s important to realize that they should continue to retain ownership of their property. Oftentimes, it’s thought that simply transferring it directly to the kids or …
Transfer of Property to Avoid Probate Fees
Ontario Let’s assume that Bob and Mary have been married for years and hold title as Joint Tenants. That’s good because it will avoid probate fees (technically estate administration fees). …
Seller’s Warranty to Proceed with Estate Sale
In an Estate Sale, the legal process can be extended. In order to ensure that the Seller is acting diligently, you might wish to consider the following clause: “The Estate …
Seller’s Right to Extend Closing Date
When the Seller is involved in an Estate Sale, sometimes they require some additional time to arrange Court approval. Consider this clause The Buyer and Seller agree that the Seller, …