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Applying for a Grant

estates probate Apr 08, 2020

Many assume that if they make a Will all their worries are over. While that may be true for some, if your Will wasn’t properly prepared, your family may face expensive and lengthy litigation. Upon your death, your executor has a long list of things they must do to start safeguarding your estate. These include informing family and friends, locating the Will, preparing the funeral,...

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Who represents the estate when there is no will?

estates executor probate Mar 04, 2020

If there is no will, certain people are entitled to apply for a Grant of Administration. This is the type of Grant that is used when there is no will.  The application should be made by the person who has the highest priority and is willing and able. People with preference can renounce, and people at the same level of priority can apply. If no one at the level wants to use, people at...

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Resealing Foreign Grants: How can we help?

estates probate Feb 26, 2020

We regularly act for lawyers and clients throughout the world. We have completed Canadian Probate applications from Thailand, United Kingdom, Germany, Spain, Texas, Hawaii, New York, North Dakota, and recently handled an estate in Scotland that had a resealing issue.

Our office can be appointed to act as the executors' agent and to call in the assets of the estate and wire the proceeds...

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Protecting Your Business from Capital Gains Tax

estates tax Feb 20, 2019

As a business owner, your estate plan should address both your personal and business assets. However, estate planning for business owners is more complicated as it needs to address potential tax issues.  If you want to maximize the wealth of your estate by minimizing its tax burden, an estate freeze is a useful tool. 

CAPITAL GAINS TAX

Any assets not inherited by the surviving spouse...

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What happens if your parents owe money when they die?

estates executor Sep 12, 2018

We recently had a client call our office asking a question we hear all the time… “What happens if my father dies owing more money than he has in assets? Will I be personally responsible for paying his debts if I am his Executor?

You will not be personally liable for your father’s debts when he dies. You may however, be taking on a difficult estate where you will be...

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Understanding Grants of Administration

estates Aug 22, 2018

When a person dies in Alberta without a will, they are said to die “intestate.” If a thorough search for a will turns up nothing and the estate has assets that need to be administered, a person may apply for a Grant of Administration so that those duties may be carried out.

Who May Be a Personal Representative?

Section 11(2) of the Surrogate Rules specify an order of preference when...

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Should you run a legal notice for creditors and claimants in the paper?

estates May 16, 2018

June 26, 2018, was a big day in my office?

Why?

Well on this day we were told that another bunch of Alberta Community papers was being shut down. Six local community papers to be exact. Now you may ask yourself why does a lawyer who spends a couple of hours a day online care that a bunch of Alberta newspapers were shut down. I mean I live in St. Albert. We have the most...

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The Probate Process and Beneficiaries

estates probate May 02, 2018

Families, Estates, and What You Leave Behind

The hardship on individuals and families can be substantial upon the death of a loved one. When there are no known beneficiary designations of property and assets for passing onto beneficiaries or heirs, it can become difficult and emotionally taxing for successors to speculate at the deceased’s final wishes.

For this reason, when a person dies...

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How long does probate take in Alberta?

estates probate Apr 04, 2018

One of the most common questions we are asked is “How long does Probate take?”

To “Probate a will” means to have the court declare that the document was the deceased’s last will and that the Executor has the authority to act on closing the estate.

An Application For Probate involves outlining the deceased’s assets and debts so that Banks and Alberta Land...

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Can I sell estate property before getting probate?

estates probate real estate Mar 21, 2018

It can take weeks to receive a Grant of Probate from the Alberta courts, and Executors are usually under pressure from beneficiaries to wrap up the estate quickly.  As a result, we often meet Executors who are in a hurry to sell the house or other property in the estate. This is particularly true if the real estate market is in the seller’s favour.

Executors and beneficiaries...

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