Estate Planning Category - Page 2 of 2 - Lawyer Abbotsford

5 Mistakes You Must Avoid When Doing Estate Planning

Estate planning is an important part of ensuring that your assets and property are passed on to your desired beneficiaries according to your wishes. However, it can be a complex process, and making a mistake can have costly consequences.

Today, we’ll look at a couple of common estate planning mistakes that you should avoid:

Mistake 1. Having Just a Will

Estate planning is an important part of preparing for the future and making sure your wishes are known after you’re gone. A will is a document that outlines how a person’s assets and properties should be distributed after they pass away. Still, it is not the only document necessary for an effective estate plan. Other documents, such as living trusts and healthcare directives, should also be taken into account to make sure that all of a person’s needs are fully covered.

Mistake 2. Forgetting to Update Your Estate Plan

It is important to review your estate planning documents periodically, especially if there have been any major life changes. This review will ensure that your wishes are still up to date and accurately reflect the current situation. Doing this will ensure that your estate plan is up to date and ready to be implemented if needed.

For example, when relocating to a new state, it is important to review your estate plan and update it as necessary. This includes taking into account any new laws that may be in place in the new state and preparing for any potential changes that might occur in the future.

Mistake 3. Not Updating Beneficiaries

It is absolutely essential to periodically review your estate plan to ensure it reflects your current wishes. This includes ensuring the beneficiaries you have chosen for your retirement accounts, annuities, and life insurance policies are up-to-date. This will help ensure that your assets are distributed to the chosen individuals after you have passed away. Additionally, to avoid going through probate court, it is important to have the appropriate names of your beneficiaries listed on each account.

Mistake 4. Not Talking with Your Loved Ones

It’s important to ensure that your loved ones understand your estate plan and know what to do if something happens to you. Make sure they have the information they need, like where you keep your documents and what their responsibilities are. Don’t be afraid to talk to them and let them know your wishes so that everyone is clear on what will happen. This will help prevent any confusion or misunderstanding in the future.

Mistake 5. Not Hiring an Estate Planning Lawyer

Do-it-yourself projects have become increasingly popular, but when it comes to estate planning, this is not a wise choice. If your estate is complicated or you lack knowledge of the legal and tax implications of death, it’s best to seek professional help. An experienced estate planning attorney can assist you in ensuring that your wishes are carried out in accordance with current laws.

Conclusion

Estate planning is an important part of protecting your loved ones and ensuring that your wishes are followed after you pass away. While it can be an intimidating process, it doesn’t have to be. By avoiding these common mistakes, you can ensure that your estate plan is effective and in order!

Pathfinder Law offers a wide range of legal services to help individuals overcome any complex law-related matter, such as family law, employment law, and more. If you are looking for an estate lawyer in Abbotsford, work with us today.

What Are the Common Types of Estate Litigation Disputes

Estate litigation disputes are legal conflicts that arise between parties who have an interest in a deceased’s estate. These disputes often arise when a will is contested or when there is a disagreement over the value, ownership, or distribution of assets. Estate litigation disputes can be complicated and emotional, leading to lengthy and costly court proceedings.

Will Discrepancies

One of the most common types of estate litigation disputes is a discrepancy between the deceased’s will and the actual distribution of the estate. This can arise when a will is not properly executed or if the deceased’s wishes are not followed. For example, if the will states that the estate should be divided equally among the deceased’s children, but one child is given more than the others, this can be a source of disagreement and possibly cause litigation.

Estate Liquidity Problems

Estate liquidity problems are a common type of estate litigation dispute that can arise when an estate is not sufficiently funded to pay off debts or distribute assets to beneficiaries. Estate liquidity issues can occur when an estate is insolvent, meaning that the total liabilities exceed the total assets of the estate. This can happen when the estate is not properly managed or has not been adequately funded. In order to make sure that estate liquidity issues are avoided, it is crucial to consider the estate planning process and ensure that it is adequate to provide the necessary funds for the estate.

When an estate does not have adequate funds, the beneficiaries may not receive their inheritance or be able to pay off debts. This can lead to disputes between the beneficiaries and the estate, as well as between creditors and the estate. Sometimes, creditors may even take legal action against the estate or its beneficiaries to recoup their losses. In order to avoid such disputes, it is essential to plan and ensure that the estate is adequately funded.

Omitted Family Members

One of the most common types of estate litigation disputes is the issue of omitted family members. This can be a particularly contentious issue, as it can involve a family member intentionally left out of a will or trust or an individual somehow forgotten in the legal process. Omitted family members can include spouses, children, siblings, parents, and other relatives.

In most cases, when a family member is omitted from a will, trust, or other estate documents, the individual has a legal right to file a claim for their rightful share of the estate. This type of litigation is called an “omitted family member claim” and can be a lengthy and complicated process.

Final Thoughts

Estate litigation disputes can be a complicated process for everyone involved. Understanding the legal process and being familiar with the applicable laws when filing a claim or defending against a claim is essential. It is also crucial to consult with an experienced attorney knowledgeable in estate litigation law to ensure the best possible outcome is achieved. With the right knowledge and guidance, parties can work together to resolve their disputes and move forward with their lives.

Resolve your estate litigation dispute with the help of Pathfinder Law. We are an estate lawyer in Abbotsford that offer a range of different legal services, including civil litigation, family law, construction law and builders liens, employment law, wills and estates, and business law. Book a complimentary consultation now!

The Significance of Hiring a Wills and Estate Lawyer

It may come as a surprise to many, but some people may actually use a “will in a box” or an online form to draft their Last Will and Testament. That said, all of it can also be used as evidence in court. On the other hand, your final affairs should be handled with extreme care and in accordance with all applicable laws.

Even if your preferences are contested by irate relatives, hiring a qualified wills and estate lawyer will help to ensure that your wishes are honoured.

Nobody wants to consider that their belongings would someday be the subject of a family conflict, but sadly, this is a reality that occurs much too often. The best wills are those that adhere to all will-related legal criteria, include at least two witness signatures, and fulfill all formal statutory requirements. It’s crucial to have the will created by an estate lawyer if you want one that meets all the necessary requirements.

That said, there are also other situations in which a wills and estates attorney may be required.

First of All, What Is an Estate Lawyer?

Estate lawyers come in a variety of forms. There are those that can assist you in organizing your estate’s distribution and selecting the right decision-makers. One of these attorneys will draft your will and other estate documents, such as a Power of Attorney.

Estate litigators are also a thing. These are the attorneys who assist their clients in resolving estate-related problems. They advise estate trustees and beneficiaries on matters like will interpretations and will contests.

In addition to assisting with guardianship and health care decisions, estate litigators can also help with disagreements regarding mental capacity (such as whether a person was of sound mind when they drafted their will).

A wide range of other activities can be carried out by estate lawyers, like ensuring that the estate’s assets are dispersed. Additionally, if a spouse or other dependent is not sufficiently taken care of, they can aid them in filing a claim against the estate.

When Do I Need to Hire an Estate Lawyer?

A person should hire an estate planning attorney if they want to make sure that their ultimate intentions are followed through. It is advisable to deal with one if you want to ensure that your will and power of attorney are as legally binding as possible. This is especially true if you have a substantial estate or complex family dynamics that could lead to problems.

You will receive a more individualized approach from an estate law specialist, as well as guidance on who to pick as your executor, power of attorney, and other important roles. They might even suggest that you engage a professional executor rather than a relative or friend in specific circumstances.

Additionally, a trust establishment and the different kinds of trusts that are accessible might be discussed with an estate lawyer. They can provide advice on probate and even ways to avoid it completely. They can assist you with income tax, real estate, and planning for the care of your young children in the event that something were to happen to you before they reach legal adulthood.

Additionally, suppose you yourself are an executor or trustee. In that case, an estate lawyer may assist in making sure that you comprehend your responsibilities so that you are better shielded against lawsuits or other personal liabilities. And an estate lawyer can assist you with the procedure if you think you have a case to contest a will.

Conclusion

It is evident that hiring a wills and estate lawyer is a very important decision. This is because they can help ensure that your estate is handled in the way that you want it to be. They can also help to protect your loved ones in the event that something happens to you. Therefore, it is important to take the time to research and find the right lawyer for you.

If you are looking for a well-trusted wills and estates lawyer in Abbotsford, look no further than our experienced practitioners here at Pathfinder Law. We offer a wide range of different legal services, including civil litigation, family law, employment law, wills and estates, etc., to clients living and working throughout Abbotsford and the rest of British Columbia. Call us today and let us discuss your plans of setting up a will as early as now.

Estate Planning Guide for Canadians

Last will and testament, estate planning

Estate Planning Guide for Canadians

Because many people don’t like thinking about their mortality, estate planning is often an overlooked financial planning aspect. But as the Canadian population ages, it’s a serious topic that needs to be discussed.

In this post, your trusted estate lawyer in Abbotsford aims to provide you with a guide that can help you with estate planning:

Estate Planning Checklist

Creating an estate plan can be overwhelming. It’s essential to consider your goals seriously. Making these significant decisions before beginning the process can save you time and money. Some questions to ask:

  • What are your goals for your estate?
  • Who do you want to receive your assets?
  • How do you want your debts and taxes to be paid?
  • Who do you want to make decisions on your behalf if you can’t?

Once you understand your goals, you can start to put together your estate plan. Begin by creating or updating your will. This document will outline your final wishes and appoint an executor to carry them out. If you have young kids, it’s imperative that you select a guardian in your will.

In addition to a will, you may also want to consider setting up trusts. Trusts can be used to manage assets, minimize taxes, and provide for your loved ones.

You will also need to name beneficiaries for your accounts. This includes retirement accounts, life insurance policies, and brokerage accounts. Be sure to update your beneficiaries regularly, as your family situation may change.

Finally, review your plan periodically to ensure it still meets your needs. Estate planning, unlike what others think, is an ongoing process and not a one-time thing.

Key Steps in Preparing the Paperwork

Make a List of Your Key Assets

Your key assets are everything you own. Your will covers your umbrella estate, which is everything you own, so you don’t need to list everything in detail. This list of assets will help you decide whether you want to leave certain items or accounts to specific people.

Make a List of Your Liabilities

Your executor will have to know what debts you have to pay them off from your estate. Make a list of your liabilities, including your mortgage and any loans, so your executor can easily find and pay them.

Ensure That You Have Named Beneficiaries for Your Investments 

Make sure you have named beneficiaries for your investments, like RRSPs and LIFs. That way, should something happen to you, your money will go directly to the people you’ve chosen instead of going through your will. 

Record Life Insurance Policy Information

This record keeps track of your life insurance policies, including the policy number, the company that issued the policy, the amount of the policy, and the named beneficiaries. This record is vital in case you need to file a claim or if there is a change in your policy.

The Key People and Their Roles

Who Will Have to Make Important Medical Decisions for You If You’re Incapacitated? 

It’s essential to speak with your chosen Power of Attorney for health care so they know your wishes. You should also appoint a backup if your first choice cannot fulfill the role.

Who Will Carry Out Your Wishes After You Die? 

You need to choose someone to be your executor, just like you would choose a Power of Attorney. Talk to them first and ensure they are okay with the responsibility, then choose backups if they can’t do it.

Who Will Get All or Some of Your Assets After You Die? 

This is an important question to answer as part of your estate planning. Your beneficiaries will receive a percentage of your residual estate, which is everything that remains after debts and taxes are paid, and any specific gifts are distributed. You can name anyone as a beneficiary, including family members, friends, or even a charity.

Who Will Care for Your Children?

You must appoint a guardian for your children if something happens to you and you cannot care for them. This guardian will be responsible for their care and managing their inheritance.

Conclusion

Estate planning is important for individuals and families in order to protect their assets and plan for the future. There are many different estate planning strategies and tools available, so it is important to consult with a seasoned estate lawyer to come up with the best plan for your individual situation. Estate planning can be complex, but it is important to take the time to create a plan that will suit you.

Pathfinder Law can provide you with the expert legal services of an experienced estate lawyer in Abbotsford. Contact us today so we can schedule your consultation!

Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.