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Probate

Navigating Clients Through Probate

When a loved one passes away, it falls to the executor of the estate to take care of the deceased’s last wishes. Often a family member has been named as executor of the will. This means that despite grieving a loss, the executor is responsible for administrating the estate and performing all required duties. One of these duties involves probate. The probate process can be facilitated through the assistance of a lawyer.

The lawyers at Mark Winter LLP have helped a wide range of clients with the probate process. Backed by competent staff, we have the ability to file the necessary documents with the court quickly and efficiently.

Understanding The Probate Process

Probate is a process in which a court affirms the authority of the executor and approves the will of a deceased person. A will does not always have to go through probate. However probate is often required if the deceased has left his or her beneficiaries real estate.This is necessary in order to convey title of the property to the beneficiaries. If a will is required to go through probate, you will need to submit documentation to the court.

Guiding Clients Through The Process

It can be overwhelming to an executor to have to file for probate, as this is only one of many duties. Filing court documents can also be complex and confusing. Executors often need assistance with filing court documents.

Our lawyers have years of experience filing probate applications on behalf of clients. When you come to our office, we will take all the information you provide and ensure the information on the probate application is correctly filled out. We then file the document with the court it in a timely and efficient manner. Our priority is to make the process of filing for probate as smooth and pain-free as possible for you.

Using Estate Planning Tools To Reduce Tax

It is important to note that probate has tax consequences which can be avoided through careful estate planning. We know what estate planning tools can be used to reduce probate in Ontario. We can provide you with a range of options to help lower the probate tax your estate could owe. Those options can include multiple wills, naming beneficiaries on your insurance policy and registering jointly held assets. We will assess which planning tool works best in your specific circumstances to lessen the burden of probate tax on your estate.

A unique area of the law, probate court has its own set of rules. Our attorneys are experienced in the complexities and also sensitive to the emotional issues that ontested probate often involves. We routinely advocate for beneficiaries, personal representatives (executors), and trustees in all aspects of administration disputes and settlement of estates and trusts. Some of these areas include: