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What Does My Probate Lawyer Do?

Posted on January 7, 2025January 6, 2025Categories Estate Administration, Uncategorized  Leave a comment on What Does My Probate Lawyer Do?

Being named an executor in the deceased’s will can feel overwhelming. What do you need to know? What needs to be done? What should you do first? Where can you turn for help? 

Even as a law school graduate, I quickly discovered that working through the administration of the estate of a loved one for the first time was challenging. A Probate lawyer brings knowledge and experience to help you navigate through the process from beginning to end. 

What is Probate?

The word Probate entered into English from the Latin word meaning “being proved good”. We use it to refer to the court process by which a will is proved valid or invalid. Most banks, land transfers, and many other parties require this step before an executor can complete their task.

If a person dies without a will (intestate) then the court needs to appoint someone to administer the estate. This is much more complicated (everyone should have a will, and if you don’t get the process started here)

What Do I Do as the Executor?

An Executor is an executor by virtue of the will. You will take a new title once the Will has been probated, or a grant of administration has been given. The person(s) recognized, or appointed by the court are known in law as Personal Representatives (the “PR”s) of the Deceased.

The PR, once recognized, is responsible not only for managing their own lives, as usual, but also for managing the estate (or property) of the deceased! Think about it. You have to pay all their bills (if you can find them). You have to settle all their debts and collect on their loans. Then you have to sell their real estate (think how stressful selling your last home was!). 

You want to do a good job. You want to get this done promptly and respect the legacy of your loved one. If you could use a guide to walk you through this process, I’d love to talk to you. Give us a call, or fill out a contact form today, to engage an experienced guide to get you through this challenging time:

    Why Every Parent in Alberta Should Consider Making a Will

    Posted on December 30, 2024December 28, 2024Categories Uncategorized  Leave a comment on Why Every Parent in Alberta Should Consider Making a Will

    Have you ever wondered what would happen to your children if you were no longer around to care for them? As parents, we naturally want to ensure our children are safe, loved, and well-cared for, no matter what the future holds. One of the most important steps you can take to secure your children’s future is to create a will that designates a guardian for them. This simple yet powerful document can bring immense peace of mind, knowing that your children will be in the care of someone you trust.

    The Consequences of Not Naming a Guardian

    In Alberta, if you pass away without naming a guardian for your minor children in your will, the decision falls to the courts. This process can be lengthy, stressful, and uncertain, as the court will appoint a guardian based on what it deems to be in the best interests of the child. This might not align with your personal wishes or those of your family, potentially leading to disputes and additional emotional strain during an already difficult time.

    The Power of Designating a Guardian in Your Will

    By designating a guardian in your will, you take control of your children’s future. Here are some key benefits:

    1. Peace of Mind: Knowing that you have chosen a trusted individual to care for your children provides immense relief. You can rest assured that your children will be raised by someone who shares your values and parenting style.
    2. Avoiding Legal Complications: Clearly stating your wishes in a legal document helps prevent potential disputes among family members and friends. It ensures that your choice is respected and followed.
    3. Stability for Your Children: In the event of your passing, your children will already be facing significant emotional upheaval. Having a designated guardian helps provide stability and continuity in their lives, reducing the stress and uncertainty they might otherwise experience.
    4. Tailored Care: You can specify how you want your children to be raised, including their education, religious upbringing, and other important aspects of their lives. This ensures that your children are raised in a manner consistent with your values and beliefs.
    5. Financial Security: Alongside naming a guardian, you can also make provisions for your children’s financial needs. This can include setting up trusts or appointing a trustee to manage their inheritance until they reach adulthood.

    Creating a will is a crucial step in protecting your children’s future. It allows you to make thoughtful, informed decisions about their care and upbringing, ensuring they are surrounded by love and stability even in your absence. Don’t leave your children’s future to chance—take the time to create a will and designate a guardian today.

      How To Activate A Power Of Attorney: A Guide

      Posted on November 5, 2024November 5, 2024Categories Estate AdministrationTags , , ,   Leave a comment on How To Activate A Power Of Attorney: A Guide

      How do you activate a parent’s Power of Attorney? As an Estate Planning and Probate Lawyer, I often help clients:

      • Plan their affairs for times of incapacity and eventual death, often years in advance.
      • Administer these plans when a loved one passes away.

      A common question arises about the period in between these stages. This can be challenging for both the person in decline and their supporting family members.

      If you’ve discussed Power of Attorney with me or another estate planning lawyer, you might recall the “triggering” mechanisms. While there are different forms, they generally have similar provisions.

      Continue reading “How To Activate A Power Of Attorney: A Guide”

      Welcome to Chad Graham Law

      Posted on October 14, 2024October 28, 2024Format QuoteCategories Uncategorized

      Welcome to Chad Graham Law, where your goals are our priority. Providing comprehensive and personalized solutions tailored to your unique needs in Wills & Estates, Small Business, and Non-Profit & Charity legal services.

      Whether you’re planning for the future, managing a business, or supporting a cause, we are here to guide you every step of the way. Trust Chad Graham Law to deliver the expertise and support you need to navigate the complexities of the legal landscape with confidence.