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Donna Neff's Law Blog

Top Three Tips for Choosing a Lawyer

September 11th, 2014
choose lawyer estates

How do I know which lawyer is best for me?

 

As we specialize in estates, from estate planning to getting probate and guardianship orders to administering estates, we see the good, the bad and the ugly of estates work. Mistakes are made, sometimes by the lawyer who drafted the Will, sometimes by the executor or guardian and often these mistakes translate into big losses for the estate.

Not long ago in our law office in Stittsville (Ottawa), we were casually talking amongst ourselves about the biggest mistake that an executor can make. One of our team members jokingly replied ‘hiring the wrong lawyer’. Read the rest of this entry »

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My wife and I own our home together….That means it will just go directly to her on my death, right?

September 4th, 2014
estate planning real property spouse

How you own your property affects your estate planning.

I get asked this question a lot at my law office in Stittsville (Ottawa). People often assume that because they own their home together with their spouse, the property will simply pass to their spouse upon their death. This may or may not be true.

On the other hand, others believe they can always deal with their share of a property in their Will. This may or may not be true. Read the rest of this entry »

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The Biggest Estate Planning Mistakes People Make Following Separation

August 28th, 2014
estate planning separation

Avoid these mistakes…..Review your estate planning following separation.

Going through a separation is unquestionably difficult. There are often financial difficulties, emotional upheavals, and myriad issues which must be dealt with. Things are even more complicated when children are involved.

Time and time again I speak with people who have made the mistake of not reviewing their estate planning following a separation. In a time of difficulty, it is understandable that things, even important things, may get overlooked. Unfortunately, the consequences of overlooking one’s estate planning following separation can be dreadful. Read the rest of this entry »

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The Essential 101 Guide to Probate

August 14th, 2014
probate estate trustee

What does ‘getting’ probate actually mean?

We all know about probate fees. Those pesky fees that must be paid to the government when we die.

But what does it mean when an executor has to ‘get’ probate. What does this mean exactly? For many, the process of probate is mysterious. This can cause anxiety and frustration for beneficiaries who are anxiously awaiting information and want to know when they will get their inheritance. Read the rest of this entry »

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Who Gets the Cottage?

August 7th, 2014

cottage lake canoe smlLast week I met with Ray and Gail (not their real names) to discuss their estate planning. A recent family discussion with their two daughters over what to do with the family cottage had prompted them to come and see me. Ray and Gail still enjoyed their summers at the cottage and weren’t sure if they were ready to give up ownership. Both daughters were interested in keeping the cottage in the family but one travelled a lot with her job so wasn’t sure if ownership made sense for her. The family wasn’t sure what to do.

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Estate Planning for Second Marriages: No Easy Answers

July 24th, 2014
estate planning second marriage

Careful estate planning a must for second marriages.

Many of the clients that I meet at my law office in Stittsville (Ottawa) are in second marriages. This nearly always adds an extra degree of complexity to their estate planning, especially if one or both have children from prior relationships.

The question they ask me is:  “How do I make sure that my children get something from me but ensure my spouse isn’t left destitute?” Read the rest of this entry »

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My loved one died without a Will…What will happen to their estate?

July 10th, 2014
Inheritance from an estate

My loved one died without a Will and I’m acting as executor….how do I know who gets what?

As soon as people find out that I work in the area of wills and estates, they invariably want to know what happens to the assets in a person’s estate if the person dies without a Will. Dying without a Will is known as dying ‘intestate’. At our law office in Stittsville (Ottawa), we often meet with clients who have applied or who intend to apply to be named as Estate Trustee Without a Will so that they can take care of the estate of a person that died without a Will. One of the many things we can help with is determining how and when to distribute the deceased’s estate … basically who gets what and when. Read the rest of this entry »

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I’m moving out of Ontario…Do I need a new Will?

June 26th, 2014

Have Your Current Will and Powers of Attorney Reviewed

Should I do a new Will after I move?

Should I do a new Will after I move?

I recently received an email from a client with a question that I am often asked. I had recently met with Steve (not his real name) at my law office in Stittsville near Ottawa regarding his role as executor of his mother’s estate.  Steve will be moving away from Ottawa at the end of the summer and he wondered if he should sign a new Will and Powers of Attorney after he gets settled in. Read the rest of this entry »

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Unavailable on the Day of Closing?…Sign a Limited Power of Attorney of Property

June 19th, 2014
power of attorney for property transfer day of closing

I have to go out of town on the day my real estate deal closes…What should I do?

It’s almost summer and the real estate market is definitely in full swing. Some properties that sold earlier this Spring have closing dates very soon including one of our clients, Raymond (not his real name).

I met with Raymond last March about his dad’s estate. He is the executor (also called an estate trustee) in his dad’s Will.

Raymond had some questions about executor compensation and passing his accounts. He also had just sold his dad’s house and an issue had come up. When negotiating the purchase date, Raymond forgot that he would be out east for his daughter’s wedding on the day of closing. Read the rest of this entry »

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Calculating Executor Compensation

June 5th, 2014
executors and executor compensation

Did you know that an executor can receive executor compensation?

At our law firm in Stittsville (Ottawa), we focus on wills, estates, trusts and related work.  Because of this focus, we work with a lot of people who have been appointed as the executor (also called an ‘estate trustee’) of an estate.

As executors quickly find out, acting as an executor can be a big job. Some executors are surprised to learn that an executor can be paid for the estate administration work that the executor does.   Read the rest of this entry »

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