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Free Red Deer & Alberta Lawyer Referral Service. See Phone Number below. Lawyers: See the table at the bottom of this page for how to get this site for your firm.
Red Deer Estate Lawyers Red Deer estate lawyers are the men and women lawyers of Red Deer who handle the estate matters that arise in and around Red Deer, Alberta. If you are an executor of an estate where the deceased or the property of the deceased were located in Red Deer, you will probably require and benefit from the services of an estate lawyer. Estate lawyers are very knowledgeable and can offer advice on anything to do with the following situations:
A "will" is a legal document that gives your property away in the event of your death. A “personal directive” (sometimes called a "living will") does not deal with property but rather deals with non-financial decisions such as where one might live and with whom and how much medical treatment one might want to receive (or not) in the event of serious illness. A personal directive comes into effect only once you have lost the mental capacity (usually as determined by your doctor) to make certain decisions on your own behalf. In Alberta, you must be at least 18 years old to make a personal directive. This personal directive lets you appoint another person to be your agent. That agent then acts on your behalf and makes decisions for you if you become unable to do so yourself. In this way, you maintain some control of important future matters, such as health care and where you live. It lets your family and others know your wishes and what to do if you can no longer make decisions for yourself. A “power of attorney” is a document that – if prepared properly - gives another person the authority to deal with property on you behalf. To make financial decisions on your behalf. A power of attorney can be “specific”, meaning that it is for only one specific thing, or it can be a “general” power of attorney, which would give much broader powers. A standard power of attorney ceases to have effect if the person giving it later becomes legally mentally incapacitated. An "enduring power of attorney" is somewhat different. An enduring power of attorney does not take effect until the person giving it does become legally mentally incapacitated. This is sometimes called a "springing power of attorney". They spring into effect only once you have lost your mental capacity. “Estate planning” is a process that usually involves both the financial, and the non-financial, aspects of your life. It is where you plan the future of your estate. Creating a will is usually a corner stone of an estate plan. A good estate plan takes all factors into account including making an effort to minimize taxes and fees payable. It should implement mechanisms (such as a living will) to make sure your wishes regarding health care treatment are followed. A good estate plan coordinates what will happen with your home, your investments, your business, your life insurance, your employee benefits and other property in the event you became disabled or in the event of your death. It takes into account the needs of those close to you such as your spouse and children and any dependent children and possibly other relatives or people or institutions that are important to you. Many people avoid putting an estate plan in place until it is too late. This then adds unnecessarily to the complexity and expense of taking care of the things that need to be taken care of. The Adult Guardianship and Trusteeship Act of Alberta allows for a judicial appointment of a trustee and guardian in the event that someone becomes incapacitated by accident or illness. A dependent adult's order is basically a court putting into place what could have been done by the person in question while they were still of sound mind and body. It is of course more complicated and expensive to have a court do it than to have done it yourself. Things can get more complicated for “snow birds’ or other people who may have property in more than one country, or more than one province and anyone who is in such a situation is well advised to have an estate plan in place that covers both their potential incapacity and in the event of their death as well. If someone who is close to you has died you should speak to an estate lawyer about the situation, including whether you might be the appropriate person to be appointed as the administrator of the estate. If someone who is close to you has died and you have been left out of their will you should discuss the circumstances with an estate lawyer – particularly if you were dependent on the deceased. Special rules can come into play if you were dependent on the deceased and an estate lawyer should definitely be consulted in such a situation. Issues arise if there were child support orders in place and a person dies prior to the child support obligations being resolved. Again, in such a situation an estate lawyer should be consulted. Getting a “Grant of Probate” is done through what is called the “Surrogate Court” of Alberta. The Surrogate Court is a division of the Court of Queen’s Bench of Alberta. Estate lawyers spend a good deal of their time dealing with probate matters. The grant of probate essentially confirms the validity and authenticity of a deceased person's will. Generally, a person who is an executor or executrix will hire an Red Deer estate or probate lawyer who will then assist in preparing an application for a grant of probate, which application is then given to a Judge of the Surrogate Court for consideration. The probate lawyer will review the last will and testament and put together the Affidavit in support or the application that is required for the probate application. Grants of probate are usually granted without any fanfare and as a matter of course – so long as the application has been carefully prepared. An application for probate is technically a court application, though rarely do the lawyer or any of the people involved actually have to appear in court. It is a paper application which concludes when a Justice of the Surrogate Court issues a “Grant of Probate”. Once a will has been probated by the court, the executor (and others, including the Land Titles Office) can rely on it’s authenticity. Probate also involves “settling” the estate of a deceased person. This involves itemizing and gathering up the assets of the estate and all claims against the estate, if there are any, get called in and resolved. Outstanding debts (if any) get paid. The grant of probate confirms the executor as being the proper personal representative of the estate and by keeping the executor accountable, makes it likely that the wishes of the deceased (as spelled out in the will) get carried out. The probate lawyer is usually involved throughout the whole process in assisting the executor give effect to the last wishes of the deceased. Sometimes there are trusts to be set up. Often there is property to be transferred or sold. There may be life insurance to deal with, though this may not technically form part of the estate. An accountant may be required to assist with tax issues, including any tax returns that have to be filed. There can be capital gains tax issues. If a person dies without a will they have died “intestate”. In such a situation the Wills and Succession Act (brand new in 2012) of Alberta comes into play. This legislation sets out who gets what and in what order. Being an executor is a solemn undertaking and responsibility. It also carries with it significant potential legal liability in that – speaking generally – an executor must answer to beneficiaries for their conduct and account for the property (including all money) of the deceased and they can be liable for any short-falls or even for income tax owing if they did not do the taxes properly. The probate process protects the interests of family members who may have claims against the estate, and helps to protect the executor against claims and law suits. We are that counsel. We are that law firm. We are your Red Deer Estate Lawyers. |
If you are seeking an estate or probate lawyer anywhere in Red Deer, call us. We will help you find a lawyer. Phone (403) 770-9714 |
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We currently operate this page as a FREE Red Deer Estate & Probate Lawyer referral site.
Call: (403) 770-9714.
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