Estate Lawyer in Calgary
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About Our Estate Law Firm in Calgary
Executing the will of a family member or of a loved one is a complex job at a stressful time in your life. We are here to help you through the execution of your loved one’s wishes.
Navigator Law LLP has extensive experience with wills & estates, from estate planning and estate administration to processing a probate application or administration. Whether you are named the executor of a will or you are a beneficiary in a will, our estate lawyers in Calgary can be a valuable resource for legal services and support throughout the estate administration and probate process.
WHAT IS AN ESTATE?
Legally, an estate is defined as all of the property a person owns or controls. The property may be held in their name, in a partnership, a joint ownership arrangement, or even through a trust.
Some assets such as the balance of a bank account, real estate, and investments cannot be transferred to the beneficiaries in a will without court approval. The legal process for approving the transferral of these assets is called probate.
Other assets such as life insurance policies, tax-free savings accounts, and other registered accounts are typically non-probate estates and do not require court approval.
Our Estate Law Services
Our law firm has extensive experience working with personal representatives (executors), beneficiaries of estates, trustees, attorneys acting under power of attorney, and other individuals who have specific interests in the execution of a will.
Making a plan for your estate is an important part of life. In the event of your incapacity or death, this will ensure that your assets are protected, and your loved ones are benefitted to the fullest extent.
Without the help of an experienced estate lawyer, your assets may be depleted by taxes and probate fees, and the state will select your beneficiaries. At Navigator Law, we can provide you with thoughtful legal assistance throughout the estate planning process to protect your assets and ensure that your wishes are met.
When someone passes away, their will outlines who administers the estate. An executor is typically a family member, such as a spouse or a friend, but can also be a trust company or a lawyer. The executor of the estate may be the same person as the agent for enduring powers of attorney and the personal directive. If there is no will, an executor of the estate will be appointed as per Alberta (or other applicable) law.
There are two different ways that the estate lawyers at Navigator law can help you through the estate administration process.
If you have been named the executor of an estate, you are responsible for administering the deceased’s estate according to his or her wishes outlined in their will and in accordance with applicable law.
At Navigator Law, our lawyers have experience assisting executors in obtaining the probate of a will and advising on the executor’s administrative responsibilities. If there is no will, we can also help executors obtain letters of administration to become appointed as the administrator of the estate.
Administration of the Estate
Even with the assistance of an estate lawyer, many executors find that estate administration can be a burden. The process is long and complicated, especially when many beneficiaries are involved. This is why many people choose to hire a lawyer to manage the administration of estates. If you need an experienced estate lawyer to take on your estate administration, Navigator Law can help.
Estate Dispute Resolution
Estate administration can be a complex and emotional process, and sometimes conflicts arise.
Navigator Law’s experience makes us an excellent choice when dealing with the full range of sophisticated dispute resolution mechanisms in the area of estate litigation and trust litigation. Our services include:
- Breach of trust options
- Challenging and defending the validity of wills
- Fiduciary Issues
How an Estate Lawyer Can Help
Being named the executor is a big responsibility. It can be a time-consuming job, and comes with some risks. For example, if the estate is not distributed correctly, and your mistake ends up costing any beneficiaries of the estate money, you could be held liable.
At Navigator Law, our estate lawyers not only ensure that your loved one’s wishes are met, but we also help eliminate some of the stress during an incredibly stressful time of your life.
Contact a Calgary Estate Lawyer Today
No matter your estate law needs, Navigator Law can provide you with the specific legal guidance you need. Our lawyers work hard to make the estate planning, estate administration, and estate dispute resolution processes both as simple and beneficial as possible for you and your loved ones. Contact us today or visit our NW Calgary office for a professional, hassle-free experience.
1. Locate the Will
Most likely, the person who has passed away has previously let you know where you can find the most recent version of his or her will.
2. Obtain Probate
Probate is a legal process for validating the will and recognizing the authority of the executor to manage the estate. If there is no will, an application for administration will need to be filed instead of a probate. In either case, the process is similar. Once probate or administration has been granted, this verifies to third-parties that you are authorized to manage the estate.
3. Arrange the funeral and any immediate financial needs
The executor typically helps with arranging the funeral and arranges for any immediate financial needs, especially when there are any dependent children.
4. Valuating assets
Valuating assets is important since the value determines how much is paid in probate fees. The executor should keep records of the value of assets and reach out to third-parties to help estimating a value. An executor should also protect the estate’s assets, whether that is paying bills, cancelling credit cards, or feeding livestock on a farm.
5. Locate beneficiaries
Next, the executor must track down any beneficiaries named in the will. Depending on how complex the will and family structure of the deceased is, this might take a bit of detective work.
6. Administering the Estate
Once the executor has an overview of the value of all assets and liabilities in the estate, the executor acts on behalf of the estate with government institutions. That might mean cancelling any government benefits or filing taxes.
7. Distribute assets
Lastly, the executor makes sure the right assets are distributed to the right beneficiaries as outlined in the will. The executor also needs to make sure the correct documentation and records such as release forms are collected in the Estate.
FREQUENTLY ASKED QUESTIONS
The executor must adhere to the wishes of the deceased as outlined in the will. However, sometimes the wording in the will is subject to interpretation, so there is some degree of executor discretion.
In general, an executor has about one year to settle an estate. However, for complex estates, the process might take longer. Of course, long-term trusts extend beyond this timeline.
Yes. Although rules regarding executor compensations vary, executors are entitled to a fee based on the value of the estate. The executor is also entitled to have any expenses associated with administering the estate reimbursed.
Yes, it is possible to name more than one executor of an estate. A common example is naming your children co-executors.
Get a Free Consultation
We offer free consultations to potential executors and administrators. During the consultation, we can discuss the intricacies of an application, and provide you with clarification on whether a grant is beneficial or necessary in your particular case.