Question: Bob and Martha are brother and sister, they were left a house by their mother, as joint tenants. Martha dies. Can you list the property right away, on Bob’s …
Estate To Uses
An estate means an “interest in land”. An estate to uses, is short for “to such uses as the settlor may appoint”. In this case, we have a trust for …
Powers of Attorney
Basically, there are two kinds of Powers of Attorney: Personal Care, General for Assets. Most people need them both. The first one deals with daily living decisions which affect the …
Is Probate Necessary Before Property Can Be Transferred?
The old reference to “probate” in Ontario has been replaced with the Certificate of Appointment of an Estate Trustee. Probate referred to proving the Will in Court. Naturally, the procedure …
Joint Tenancy ~ a Poor Man’s Will
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 business for over …
Joint Tenancy Thwarts Bankruptcy
Joint Tenancy Thwarts Bankruptcy Ontario Real Estate Source By Brian Madigan LL.B. Having property registered in joint tenancy actually worked quite favourably. A doctor acquired a matrimonial home and placed …
Joint Tenancy Does not offer Creditor Protection
By Brian Madigan LL.B. We looked at a case where a joint interest in a matrimonial home effectively thwarted bankruptcy. But, that was a peculiar case. In Re: Cameron, it …
Estate Issues with Joint Tenancy
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 is simple and uncomplicated, …
Buyer Dies Before Closing
What Happens if the Buyer Dies before Closing? By Brian Madigan LL.B. This is “bad news” for the buyer, no matter how you look at it. But, just exactly what …