My First Experience with Medical Assistance in Dying (MAID)

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After approval of the legislation, it did not take long for one of my patients (identity disguised) to request access to MAID.  I knew that this was a possibility because of previous discussions regarding the eventual outcome of her debilitating and progressive medical condition.  However, it had been couched in terms of a sense of security just to know that the option was available.  In recent months, her condition deteriorated….

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Capacity Law, Estate Planning

A Gift or not a Gift? That is the Question

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Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage their finances. Unfortunately, or fortunately (as the case may be), if a parent transfers an asset to an adult child, the….

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Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influence

TRUST INSTALLMENT REQUIREMENTS, INTEREST AND PENALTIES

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One of the many tasks associated with the administration of trusts is making sure all tax payments are made on a timely basis to protect the trust and its beneficiaries from avoid interest and penalties. In this regard, most trusts are required to make installment payments. Prior to 2016 only inter vivos trusts (other than grandfathered inter vivos trusts) were legislatively required to make instalment payments under the relevant sections….

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Estate Administration, Estate Planning, Executors, Interest, Property, Tax Issues, Trustee, Trusts

MYTHS, MYTHS AND MORE MYTHS – WHAT’S THE REALITY?

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Over the course of my practice I’ve had clients, family and friends all make pronouncements with respect to matters related to Wills and estate planning as if the statements are fact, when in reality they are often myth. Being someone whose profession operates on fact, I will try to set the record straight. From time to time though, the prosthelizer is so certain in his or her “cocktail party advice”, that attempting to set the record straight is challenging. In today’s blog I’d like to debunk some of the myths…..

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Power of Attorney, Probate Tax, Spouse, Wills
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