Estate Administration

Total 493 Posts

Considerations when Administering a Canadian Estate with US Situs Assets

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. As today’s world continues to grow increasingly interconnected, more estate professionals find themselves dealing with a web of cross-border assets and jurisdictional issues.  This post considers certain issues that you might face when administering a Canadian estate with assets situated in the United States. Legal Authority You must first determine whether you will need legal authority to….

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Canadian and US Tax Treaty, Estate Administration, International, IRS, Probate Tax, Tax Issues, United States, US Taxes, Wills

Intestacy 101

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. People in our profession often cringe when they hear the words “they died without a Will”, because as soon as we do, we can almost always envision problems arising. Unfortunately, it has become more and more common to hear that someone doesn’t have a Will.  A Will provides clear instructions as to how to handle assets on someone’s….

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Estate Administration

Atypical Asset Administration (Part 1)

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Picture this: you are an executor cleaning out your mother’s apartment. Under the bed you unexpectedly find five (5) handguns and a hand grenade. Do you (a) call the police, (b) secure the items somewhere safe until you can find someone who knows what to do with them, or (c) put them in a plastic shopping bag….

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Estate Administration, Estate Planning, Executors, Wills

Flipped property – estates beware

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Executors generally liquidate the assets of an estate in a timely manner following an individual’s death. This may include the disposition of the deceased’s primary residence, cottage or rental property (herein referred to as a “housing unit”). An estate may realize a gain on a housing unit if it is sold at a price higher than its fair market value on the date the individual died.  Prior to 2023, the….

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Estate Administration, Executors, Real Estate, Tax Issues, Trusts

When Will a Court Reconsider Its Decision?

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Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..

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Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills

This Blog Was Written by a Bot

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The Advent of AI Technology Last week, I read a tongue-in-cheek post on LinkedIn about what the dockets of a lawyer practising in the 1950’s may have looked like. Humorous entries included everything from fixing jammed typewriters to doing legal research with ancient tomes. This lawyer’s social critique was insightful: technology has greatly improved the private practitioner’s efficiency, but it has not made it easier to meet billable targets. Technological….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning
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