In Ontario, you only have the right to inherit from a parent if you are the biological child or have been legally adopted. Historically, stepchildren have been excluded unless they have been formally adopted. I don’t expect this to change any time soon here, but there...
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estate planning
Tax tips for executors
If you are the executor of an estate, you have very clear and strict rules for filing taxes for the deceased. First, you have to file their final return. This includes all income received up until the date of their death. If the date of death is before October 31, the...
More on passing digital assets
I just returned yesterday from ABA Techshow, which is a big conference every year in Chicago on legal technology and practice management. In light of the tech focus of that week, I thought I would post something tech-related today: New Hampshire has proposed a bill...
Personalty
Moira Visoiu at the Hull & Hull Estate Law Blog posted a really interesting article a while back on dealing with personal property when you are the executor of an estate. She went through a great amount of detail on what you have to do as an executor to protect...
Legal vs. common law
I get a lot of questions about what rights common law spouses have, including from other bloggers. I was recently approached by Peaceful Transition to do another post for them, this time on what a common law spouse can expect on the death of their partner. You can...
Digital asset laws
I have written before about the difficulties with passing on and preserving (or taking down) digital assets. Gerry Beyer at the Wills, Trusts and Estates Prof Blog recently posted an article about a bill that passed in Virginia regarding digital assets. It has passed...
Can you be taxidermied?
Hugo Chavez, long-term president of Venezuela, died last week after a long battle with cancer. A few days ago, CBC News reported that his body will be embalmed and preserved to be permanently on display at the Museum of the Revolution in Caracas. Which leads to the...
Do you want Prince Charles to inherit your estate?
Here’s a reason to have a will if you live in Cornwall: there, if you die without a will, your entire estate goes to the Prince of Wales. No joke: in the last six years, he has received over one million pounds from intestate estates. Get a will. Now.
Why a lawyer is your friend
I’ve posted before about the value of using a lawyer over a will kit, but here are some more reasons if you need them. Lawyers: Listen to your goals and make sure they are reflected in your documents. Offer advice on structuring your assets beyond just the will. Are...
To make it joint or not to make it joint, that is the question
I have a lot of clients who ask me for advice on adding a child to their bank account (or house, or investment, or numerous other items) in order to avoid probate. The catch, however, is that sometimes, the cure is worse than the disease. If you add your son on title...