The legacy of love blog

Joint ownership and no Will

joint title probate Feb 14, 2019

We recently had a client who call our office looking for help. The client stated that her husband had passed away 3 months ago and did not have a Will. She was calling because they owned some collector vehicles that had a considerable value, and when she went to transfer the insurance into her name, the insurance company refused to do so because she was not the registered owner of the vehicle. When she contacted the local Registry Agent, she was told that the only way they would complete the...

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Does every Will have to be probated?

probate will Dec 13, 2018

No, not every Will has to be probated. For instance, assets that are held jointly with a right of survivorship would pass outside the Will. As another example, a home held jointly between a husband and wife would pass to the survivor of them upon the death of one of them. Probate is not needed to transfer title to the home and for this reason, probate does not typically occur on the death of a spouse.

Many people place their children on title to their home in the hopes of avoiding probate....

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Probate and grants of administration

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, contacting your banks and utility providers, and dealing with his or her own grief. All these duties are...

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How long does probate take in Alberta?

probate will Jan 07, 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 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 Titles can transfer those assets to the appropriate beneficiaries.  The law legislates that you must...

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Can I sell estate property before getting probate?

executor probate Oct 01, 2017

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 favor.

Executors and beneficiaries don’t always want to wait until they’ve received the paperwork from the court and this can be a...

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The probate process and beneficiaries

executor probate Apr 12, 2017

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 testate, (dies leaving a will) there is a legal process of settling a debts and distributing...

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The basics and process of probate

probate Mar 23, 2017

Every human must come to terms with the finite nature of life. One of the greatest hardships in one’s life is losing a loved one. When a family member passes away, there are often loose ends to be tied up. It can be surprising how much tape there is to cut through by the surviving members of the family. 

The paperwork and bureaucratic regulations regarding a personal trauma can feel as though it is adding insult to injury. For this reason, estate litigation and the grant of probate...

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