![\"estate-lawyer-montreal-sabbagh-associe\"](\"https:\/\/www.sabbagh.ca\/wp-content\/uploads\/2021\/05\/estate-lawyer-montreal-sabbagh-associe-photo-home-key-mallet-300x200.jpg\")
Judge gavel and key chain symbolizing estate law required.<\/p><\/div>\n
People who have inherited, earned and or built wealth over the years of their life will often have an estate of some value that will have to be looked after at some point following an individual\u2019s death. This general term estate refers to the assets a person holds until the time of his or her death. Settling an estate is the process that occurs after that person passes on. It’s a legal process that liquidates the assets and distributes them to the proper heirs.<\/p>\n
Learn how to settle your estate in Montreal, Canada, where the laws bind the process into a neat yet complex timeline.<\/p>\n
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1. Estate Law as it relates to: Managing the Will<\/h2>\n
Settling an estate begins by obtaining the death certificate at Quebec’s registrar of civil status. The executor of a will or liquidator performs this task. This person is the designated director of the settlement process. He or she will complete all tasks for this single inheritance.<\/p>\n
The liquidator looks for all wills whether they’re notarized or not. If a non-notarized will is found, it must go through a process called probate in order to be verified. Going through probate will lengthen the settlement process, however.<\/p>\n
NOTE: Please note that at Sabbagh & Associ\u00e9 we work closely with notaries (when a notary is required) that are well versed with the law surrounding wills and estates.[\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n
2. Estate Law as it relates to: Publishing the Notice<\/h2>\n
The liquidator doesn’t go without notice during their work on the estate.<\/p>\n
In fact, these professionals must register or publish their names on the Register of Personal and Movable Real Rights<\/a> or RPMRR. This government notice makes the estate transparent to anyone who’s concerned about legitimate movement and distribution of the assets. The liquidator is officially in charge of this process that can take six to 12 months in some cases. They can work closely with an estate lawyer to maintain validity across every settlement step.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n Any bank accounts in the deceased’s name must be converted into estate accounts. The liquidator can proceed with estate planning when all assets are consolidated into one account, for example. In addition, this conversion unfreezes the funds so that they can be distributed as necessary.<\/p>\n The liquidator also claims any funds that may be due to the deceased, such as life insurance. As the accounts are finalized, they’re counted and inventoried down to the smallest asset. Every penny must be accounted for by the liquidator or estate lawyer.[\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n As you learn more about how to settle an estate, it becomes clear that the legal will is the most important document on several levels. For instance, a legal will determines who receives the deceased’s funds. The liquidator must find and notify each heir who’s named in the will. If there isn’t a legitimate will, the settlement process can take much longer as the courts become involved for legal interpretation.<\/p>\n Last will testament<\/p><\/div>\n Heirs<\/a> have a right to claim or denounce their inheritance, which is part of the liquidator’s job as well.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n With the estate in order, the liquidator closes the inventory with an official notification to the RPMRR. Anyone who has a concern or claim to the inheritance can see the inventory in full. <\/p>\n The liquidator continues with the settlement process by paying all debts from the estate’s accounts. Ideally, the estate will have enough funds to cover any outstanding debts. The remainder can be divided out to the proper heirs.[\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n Taxes are essentially due once the deceased person passes on. The liquidator must prepare both federal and provincial taxes for the deceased and the estate. Proof of death must accompany these documents and any owed taxes should be paid. No distributions from the estate can be made until the taxes are certified. The liquidator should receive a Clearance Certificate<\/em><\/a> from the federal government along with a Certificate Authorizing the Distribution of Property from the province of Quebec<\/em><\/a> as proof of completing the taxes.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n The estate can be officially distributed to the heirs when the tax certificates are finalized, and all debts are paid.<\/p>\n The liquidator creates a final account of the estate to show the heirs. They’ll each receive their specific part of the estate at this time. There may be other details, such as dividing a physical property among several heirs, that must be attended to before the distribution is considered complete.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.9.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n The settlement isn’t complete until its final notice is posted in the RPMRR. It tells everyone that the estate has been officially distributed to the rightful heirs. When the liquidator completes these steps in full, he or she is free from any legal ramifications. Any overlooked steps during the settlement can make the liquidator liability for penalties and other fees. For this reason, liquidators take each step with careful precision.<\/p>\n For all your estate, will and or estate planning needs, contact Sabbagh & Associ\u00e9 at https:\/\/www.sabbagh.ca\/<\/a> today.<\/p>\n Our firm can walk you through the settlement process and answer any questions on your mind. Your loved one’s estate deserves dignity and respect as it’s moved to the rightful beneficiaries. The process’s complexities are simplified with our firm’s extensive experience.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.14.2″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n NOTE: This article does not constitute legal advice from or legal opinion. It is only used to inform readers about certain aspects of tax law.<\/em><\/strong><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Talking with an Estate Lawyer Estate Planning: How to Settle an Estate This article seeks to elaborate on how consulting with an estate lawyer can help you plan your estate in a timely manner so that you can be prepared to see that your will and estate properly executed at the time of your passing. […]<\/p>\n","protected":false},"author":5,"featured_media":5491,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"on","_et_pb_old_content":" Typically, when people think of a family inheritance or anything related to an inheritance people think about last will and testaments and the distribution of an estate. Many people assume that if there is a will in place, then everything will go according to the deceased\u2019s plans. That an executor will execute all of the commands as per the deceased\u2019s wishes in their will. \u00a0 It is less often that someone thinks about the possibility of someone contesting a will<\/em><\/strong>. This article will go over the main points that one should be familiar with if they find themselves asking how to contest a will or how to fight a contested will.. \u00a0 What many people don\u2019t typically think about, although should be aware of is when certain \u201ctitled\u201d individuals at the time of an inheritance feel they need to contest the will<\/em><\/strong> for one reason or another. \u00a0 Specifically, some people after learning the details of a deceased\u2019s will often ask themselves how to contest a will<\/em><\/strong> and what are the steps to take when contesting a will. \u00a0 When the wheels are in motion and it is obvious that will litigation will be taking place, whatever the reason, parties involved know that the dispute will be resolved in court, sometimes at the risk\u00a0of\u00a0impairment some family ties. \u00a0 Besides common problems related to a will (its form and structure or lack thereof), there are two main reasons for contesting a will<\/em><\/strong> or litigation of a will: lack of testamentary capacity and indue influence (captation). The Civil\u00a0Code of Quebec<\/em> assumes\u00a0that\u00a0every adult,\u00a0has the capacity to understand and sign a\u00a0will<\/a>.\u00a0This is the basic rule. \u00a0 Disability is the exception to this rule.\u00a0It is the burden or the person who is contesting a will or who alleges the person who wrote a will lacked testamentary capacity to prove their point and make their case. This is typically done in Canada with the legal assistance of an\u00a0estate lawyer<\/em><\/a>. \u00a0 A lack of testamentary capacity<\/em><\/strong> or\u00a0failure<\/em>\u00a0<\/strong>is characterized by an\u00a0altered mental\u00a0<\/strong>or\u00a0physical state<\/strong> of a person where they are no\u00a0longer able to take care of themselves, specifically from a judgement and decision point of view. \u00a0 A judge is ultimately the person who decides whether or not the person who wrote the will or decided what details went into the was of sound mind at the time of the writing of the will. A judge will be the one to determine whether incapacity has been properly demonstrated in court or not. \u00a0 The judge will often asses the testamentary capacity of the person who wrote the will by assessing if the person suffered from any of the following:<\/p> Signs that demonstrate to a judge that the person at the time of writing the will lacked testamentary capacity could be considered\u00a0as factors that prevented him\/her from signing a legal act due to lack of full possession of his\/her means.<\/p> If you are contesting a will, you will need to be familiar with the concept of the incapacity of the testator. In inheritance law, the\u00a0proof of the testator's incapacity\u00a0<\/strong>must clearly answer the following question: did the deceased possess all his intellectual faculties when signing his last will and testament and fully\u00a0understand\u00a0its scope? \u00a0 Initial presumption is that the deceased had their full capacity to write and understand the contents and implications of their will. However, as this person will have been deceased and so is no longer alive to testify about their condition,\u00a0it is the burden of the party pleading the incapacity of the testator<\/em><\/strong> to provide the proof. \u00a0 Consequently, an estate lawyer will collect concrete evidence to demonstrate the incapacity of the testator from relatives and doctors of the deceased to better litigate their case. \u00a0 As an example, a lawyer contesting a will on your behalf will make note of:<\/p> All that can explain and\u00a0prove the impairment of mental faculties\u00a0<\/strong>will be presented in the courts.<\/p> At the opposite side of the spectrum of facts involved in the contestation of a will, is the concept of the capacity of the testator. If you wish to maintain that the capacity of the testator was fully intact and defend the will as it was written at the time of the deceased\u2019s death, you will have to\u00a0prove\u00a0that the deceased was in fact of sound mind. \u00a0 We advise you to consult an estate lawyer with experience in inheritance law if ever you should find yourself defending the will of a loved one. \u00a0 In the same way as the opposing party, you will have\u00a0the burden of\u00a0providing proof that the person who wrote the will was of sound mind and judgement.\u00a0This will demonstrate that\u00a0the will was drawn up and signed at a time when the deceased was in full possession of his means. \u00a0 During the litigation steps of contesting a will and testament, it is also possible to demonstrate to the judge that the will is not abusive.\u00a0For\u00a0example, if\u00a0it\u00a0tends to favor the relatives of the deceased or causes that were notoriously precious to him.<\/p> \u00a0<\/p> If you feel you have the grounds to contest a will, then the second most common reason in will litigation is\u00a0undue influence<\/strong>. \u00a0 More insidious, this concept describes attempt(s) made by\u00a0certain people surrounding the deceased prior to the deceased\u2019s death to divert all or part of an inheritance their way. \u00a0 For undue influence to be proven, it needs to be shown there was deliberate attempt\u00a0to:<\/p>3. Estate Law as it relates to: Converting Accounts and Taking Inventory<\/h2>\n
4. Estate Law as it relates to: Communicating with the Heirs<\/h2>\n
![\"last-will-testament-lawyer-montreal\"](\"https:\/\/www.sabbagh.ca\/wp-content\/uploads\/2021\/05\/last-will-testatement-lawyer-montreal-photo-legal-document-300x200.jpg\")
5. Estate Law as it relates to: Closing the Inventory and Paying Debts<\/h2>\n
6. Estate Law as it relates to: Declaring Taxes<\/h2>\n
7. Estate Law as it relates to: Distributing the Wealth<\/h2>\n
8. Estate Law as it relates to: Closing the Estate<\/h2>\n
Contesting a will \u2013 capacity versus incapacity<\/strong><\/h2>
![\"incapacity](\"https:\/\/www.sabbagh.ca\/wp-content\/uploads\/2020\/01\/contesting-a-will-incapacity-of-testamentary-photo.jpg\")
<\/p>Lack of testamentary capacity<\/strong><\/h2>
Prove the incapacity of the testator\u00a0...<\/strong><\/h3>
\u2026\u00a0Or on the contrary, prove the capacity of the testator<\/strong><\/h3>
![\"undue](\"https:\/\/www.sabbagh.ca\/wp-content\/uploads\/2020\/01\/contesting-a-will-undue-influence-photo.jpg\")
<\/h2>Undue influence or captation<\/h2>