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What are the implications of lending and/or gifting money in an estate?

estate planning Jun 24, 2020

Sometimes our children or close family members run into a financial bind and need to borrow money. In many cases, both the lender and the borrower assume that this money will be paid back quickly. But what happens if the person who is the lender, who is often an elderly parent, dies before the loan is repaid?

In my experience, this is when the family feud begins.  The borrower...

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What are the rules for leaving children out of your will in Alberta?

estate planning wills Jun 17, 2020

Have you considered leaving your child or one of your children out of the property distribution in your Will?  You are not alone.  Our office deals with this question on a regular basis.

Can you leave your child out of your Will?  This would depend in large part on whether the child is a minor or an adult child who can’t earn a living because of disability. In Alberta, the...

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How do I leave my child's spouse out of my estate plan?

estate planning Jun 10, 2020

This sounds harsh but to be honest, we have clients ask us this all the time.

If your daughter inherits money and subsequently divorces her spouse, these funds are generally exempt from a matrimonial property division.

The problem occurs if your daughter inherits money and then uses these funds to pay off the couple’s mortgage or to buy nice jewelry.  These items could become part of...

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Protecting a Different Kind of Property: Stored Genetic Material

estate planning May 27, 2020

Estate Planning is about protecting what matters the most. Over the course of my 18 years practicing law I have come across a wide variety of property that needs to be included in our clients’ Will.

Recently we had to deal with a unique type of “property”… the cryogenically frozen embryos and sperm of our clients. With cryogenic freezing, it is possible for children to...

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Separation vs. Divorce: Is there a difference when estate planning?

estate planning May 20, 2020

When couples split up, the last thing they’re thinking is, “What happens if I die?” Breakups are emotionally difficult times, with many hard decisions. But the ramifications of a split are magnified when the parties do not go through with a divorce.

Many people think the mere act of “separating” will result in cancelling their partners in their Wills, estate plans,...

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Should you hire a trust company to handle your estate?

The demand for professional Trust and Estate administration is an area that is experiencing significant growth. This growth is caused by a number of factors including our ageing population, our modern family structures, and the vast distances that spread family members apart.

Estate professionals are being asked to step in and help families resolve emotionally charged family disputes.

There are...

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Why Appointing Children as Executor Can Be a Mistake

estate planning executor May 06, 2020

We all hope that when we are gone, our family members will work together to settle our estate.  Unfortunately, our office sees many estates where the testator created a Will filled with some common problems.

One of the most common problems we see is where a testator appoints all their children as their Executors.  This is a mistake.

If your family members do not get along, they...

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Leaving Behind a Legacy of Love

estate planning Apr 22, 2020

Death and taxes. You might be able to avoid taxes, but you cannot escape death. It is not a topic most people want to talk about, so many of us are not prepared for the legal issues that come with dying and incapacitation. That is why making your Will and other estate planning documents are important.

At Estate Connection Law Office, we can help relieve that stress for you and your loved ones....

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Eight Questions to Ask About Your Will

estate planning wills Apr 15, 2020
  1. Do you have the original Will?
  2. Is there an Affidavit of Witness attached to the Will to show that the Will is genuine?
  3. Is your estate still being distributed the way you would like, including charities to provide a tax benefit?
  4. If you have minor beneficiaries, do you have a trust in the Will?
  5. Have you indicated funeral instructions or information on organ donation?
  6. If you are contributing to...
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What do I do with my timeshare?

What is a Timeshare?

In simple terms, a timeshare is ownership of a property (typically, a vacation home) for a limited period of time (one to two weeks).

Timeshare Contracts

As all timeshare contracts are different, it is important to understand the specific terms of your agreement. In addition to maintenance fees, owners may be required to pay a special assessment if, for example, structural...

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