When acting as executor of a decedent’s estate, you have a duty to be an earnest steward of their assets until all are disbursed to the beneficiaries and heirs. Sometimes, through no fault of the diligent executor, assets depreciate, such as if the housing or financial markets nosedive. In those type of situations, there may be little that you can … Read More
Can I contest my relative’s will?
The courts and government of British Columbia recognize the autonomy of individuals to leave their estate to the people they choose. With that being said, however, there are certain circumstances wherein it may be possible to contest the terms of a will being probated here in British Columbia. There are three categories of heirs or potential heirs who may contest … Read More
So…you are the estate executor. Now what??
“Learning you have been named as executor of somebody’s estate can come as a surprise. While it is better for the decedent to have already pre-arranged with his or her intended executor to carry out these duties, many never get around to having that important conversation. As one estate lawyer in the United States remarked, “”A common adage says to … Read More
In some cases, probate may not be necessary in British Columbia
An appointment as executor of an estate means a difficult process is about to begin, likely during a time of great emotional stress. Going through the stages of probate and estate administration in British Columbia can be a complex task even for a professional. The good news is, there are circumstances under which probate may be minimized, or bypassed altogether. … Read More
Preparing the executor for estate administration
Very few executors are surprised to find out they were named to the position, having typically been informed during the estate planning stages. Given the prior knowledge of the eventual responsibility, it might not be a bad idea for the executor to prepare for the process of estate administration in British Columbia ahead of time. Here are some tips for … Read More
Is There a Way to Streamline the Probate Process?
Sometimes death comes as a bolt out of the blue, an unwelcome surprise to the survivors of the decedent and the administrator of his or her estate. But other times, there is foreknowledge that death is imminent, whether it is months, weeks or even just days away. If you know that you are named as administrator of someone’s estate, and … Read More
Determine Which Assets Must Be Included in Probate
If you are named as administrator of an estate, there may be some assets that fall out of the breadth and scope of the probate process. These non-probate assets must be dealt with separately as the rest of the decedent’s estate goes through the probate process. Some non-probate assets may include the following: Assets owned solely by the decedent but … Read More
What Fees Are Typically Associated with Probate?
If you are responsible for the probate and administration of an estate here in British Columbia, you might want to know what you will wind up having to pay. The estate may be subject to probate filing fees during the process of proving the validity of the will and the testator’s intentions. Any probate filing fees go to the Court … Read More
What Is an Estate Freeze and How Do You Manage It?
Some estate administrators in British Columbia might have to deal with an estate freeze. The term refers to the transfer of business assets while the business owner is still alive to the intended heirs for the purposes of business continuity. At the same time, the individual is given valued shares of the business locked-in at today’s worth, which has favorable … Read More
How Do You Confirm That You Were Named as Executor?
Some British Columbia residents are surprised to learn that they have been named as executor of a deceased person’s estate. The way to confirm this is to view the original will. Wills may be kept in the testator’s home, at the lawyer’s office who drafted the testamentary document or in the decedent’s safety deposit box. When a thorough search fails … Read More