Estate and Will Planning Service

An estate and will planning attorney will listen to you, then work with you to develop a plan that’s just right for you. Will (acts) in law, a person’s intent to transfer their property to someone else, is intended to affect even after the person dies.

A property device by deed is termed a device; a contrary disposition of property by a grant is called an estate. These can be simple or complicated instruments, depending on the jurisdictions in which they will be implemented.

Types of Wills and Estates

Various types of wills and estates are applicable in different provinces in Canada. I will give you three examples in this article, based on my experience as a family lawyer for the past seven years. I will ask, “Do you want to name your estate as sole property, or can it be shared with others?” The first question should always be answered before moving on to the next question.

It doesn’t matter if you’re a 70-year-old retired person or if you’re a young couple just starting in life. It would help if you got at least three months’ advance notice before beginning the process. If you get more than three months’ notice, maybe you need to consult a real estate lawyer.

One important aspect of estate and will planning is named power of attorney. A power of attorney is an authority that a person holds over their estate, either temporary or permanent. The most common is the right to manage or handle finances, such as paying bills, managing investment funds, and so on. It can also include a right to drive a vehicle, for example. Some people choose to use a general power of attorney for all of their properties, while others select specific areas or manage their assets independently.

Even the best-case scenario can go awry if that general power of attorney is revoked, which is why it’s so important to have a qualified attorney review your estate plan and handle any proceedings, including the termination of your living trust, so nothing falls through the cracks. If your attorney isn’t properly maintained or a dispute with beneficiaries, your entire estate may undergo unwarranted turmoil, costing you money and time, even if it’s not your intention.

Another facet of estate and will planning is called guardianship. This differs from traditional ownership because it refers to a legal “ownership” of a person rather than simple possession or ownership of property. A person has guardianship over their estate, which means that whoever they hire to oversee their affairs retains all of the property, profits from it, and decides how to use it. While both parents retain physical control of their children, they do so with a “blind eye.”

The courts appoint an “aunt” or “unseen guardian,” which means that the court doesn’t know who oversees the kids’ lives. This applies whether the children are younger or older but often happens when a parent is in a physical and mental disability place and cannot make sound decisions for himself. Last, there is probate. Probate works with the estates being dispersed. The deceased individual’s will must be dispersed, and a probate court is responsible for ensuring that it is done properly and people receive their inheritances.

There are several aspects to estate and will plan that involves probate, including who receives inheritance gifts (the executor), who receives the property before the estate is dispersed (the personal representative), who gets credit for the estate and its value (the executor’s agent), who holds the property after the estate is dispersed (the administrator), and who must follow the laws for distribution (the executor’s lawyer).

Estate planning generally incorporates the principles outlined in the United States Probate Code. These include: the personal representative must file all necessary documents, obtain court approval and sign all necessary documents, and notify all beneficiaries. This is important because it safeguards all beneficiaries from any claim that their relative made against them. In the UK, a person can decide that only specific individuals or specific types of properties will be distributed. There is no requirement for intestate estate planning in the UK. In some cases, a person can designate certain beneficiaries without executing a will.

For example, numerous revocable living trusts, also known as power of attorney, designate specific family members as primary caregivers, surrogate caregivers, guardians, or other designated caregivers, thereby establishing a “living trust.” Revocable trusts may also be established for beneficiaries that have died, and their estate has not been dispersed.

In these situations, the court’s executor (or administrator) is authorized to act on behalf of the trust and determine how the property will be distributed. These situations require that the person who makes the will prepare a trust that will comply with the various intestacy laws in various states. This is why it is important to work with an experienced probate lawyer who understands the complexities of various estate and probate laws.