Questions to Ask your Real Estate Lawyer


Questions to Ask your Real Estate Lawyer

If you are going to be making any kind of real estate transaction, you will need the help of a real estate lawyer. Real estate lawyers can help with the purchase of a new home, investment properties, foreclosures, and any kind of complication that may arise while you are trying to close on a property. While there are some for sale by owner deals, bypassing realtors, you most often cannot get by without a lawyer, and so when it comes time to make your property purchase or do anything related to real estate you will need to find a lawyer that can represent you. Here are some questions that you can ask of your real estate lawyer to determine if they are a good fit for you.

What similar experience do they have?

While all cases are unique, you want a lawyer who has worked on similar real estate cases to your own. When you are making a simple home purchase, you can rest assured that they have the necessary experience, as processing property transactions are very common. Less common real estate needs are the ones that need expertise and experience, so make sure that your lawyer can handle them if they are what you face.

What is your fee policy?

When you are going through the process of buying a house, you should set aside a certain amount of money for legal fees. No matter what, hiring a lawyer will have additional costs, and depending on your needs those costs can vary. For standard home purchases, this is often a flat fee, but if there are any legal issues, court cases, or settlements associated with your case, then fees can add up. Discuss their fee policy and how they operate before you begin working with them so that there will be no nasty surprises for anyone. Remember, the more experienced a lawyer, the higher their fees usually are.

How can I reach you?

Your lawyer will have other cases and priorities throughout their time working with you. While this is true, you still want to know that if you have questions that there is an avenue where you can reach your lawyer or a representative from their firm. Whether a real estate paralegal administrator, junior partner, or person at the firm can answer your question, forward it to the lawyer, or get an answer from the lawyer for you, is essential and you want to know that there is a clear route for communication that you can rely on throughout the process. This is especially true for when you will be picking up keys to your new home from your realtor.

Real Estate Law with Verhaeghe Law Office

If you are looking for an Edmonton law firm to handle all of your real estate needs, then look no further than Verhaeghe Law Office. Our team of experienced lawyers have expertise in a multitude of areas, including real estate law, family law, estate and probate law and corporate law. If you have any real estate problems or are simply purchasing or selling a home, then contact us today.

The Role of Neuroscience in Criminal Law

The Role of Neuroscience in Criminal Law

How often have you heard someone say, “I couldn’t help myself,” in defense of an unlawful action? Do you believe there is a real, scientific, brain-based reason for their behavior? Neuroscientific evidence has been considered in Canadian courts, particularly that of prenatal alcohol exposure, traumatic brain injury, and results of neuropsychological testing, mostly during the sentencing phase. Is it a good idea to pursue biological reasons, such as brain trauma, for criminal behaviors? Finding the right time to introduce such evidence and determining its usefulness is a delicate balance.

Research and Discussion

Some notable points gleaned from several studies indicate some interesting points, such as: While presenting one’s mental capacity as a reason for committing a crime has been used by defense lawyers for some time, only in the last few years have researchers connected their studies to actual court application.

Neuroscience evidence tends to be used during the sentencing phase of a trial, when there is less pushback about admissible evidence, and the defendant's current mental state is considered. Interestingly, this type of evidence is presented more often in high-stakes cases. Unfortunately, they have not determined whether neuroscience is more relevant in homicide or sexual assault case, for example, or if the parties involved are more likely to invest in experts in these cases.

The Difficulty of Setting a Standard

Ongoing research in both Canada and the US is studying the overall frequency of neuroscientific evidence being introduced in criminal courts. Questions abound, such as how the evidence is treated by judges. Do they examine it and understand the relevance? Trust the experts? Weigh it differently than other evidence?

Some of the limitations in studying the use of neuroscience in court cases are related to data collection. Finding past cases and determining if and how neuroscientific evidence was considered is a challenge. The actual collection of cases may present logistical problems as well. For example, if French cases are not included due to the databases used, a significant number may be missed.

There is an overall upward trend in the number of cases presenting evidence of brain injury or cognitive impairment in Canada. This evidence has been accepted as relevant to the defendant’s mental capacity, responsibility, ability to respond to rehabilitation, and more.

The most common types of cognitive impairment presented in studies are fetal alcohol syndrome, neuropsychological testing (memory, IQ, etc), and traumatic brain injury.

As there is no standard by which to measure the weight of this during decision-making, the subjective opinion of the relevance of the evidence is determined by the judge.

Neuroscientific Evidence and You

During sentencing, this information may prove helpful. Using a traumatic brain injury as an explanation for committing a crime may be a risk unless it is clear that the individual is incapacitated and therefore morally blameless. As a factor in sentencing, diminished mental capacity may be considered a high risk for recidivism and a danger to the public. These two considerations oppose each other—an individual is morally blameless but is a risk for committing a similar crime again—and public safety is at the forefront of any court decision. This is a conundrum for the judges presiding over cases using neuroscience within defense and sentencing.

There are cases that demonstrate defendants with cognitive deficits are candidates for rehabilitation. If you or a family member have committed a crime and have fetal alcohol syndrome disorder, a traumatic brain injury, or other brain damage. However, there are many factors at play as far as the subjective opinions of judges on how to handle these cases in Canada.

For serious crimes committed by someone with a cognitive deficit, you require a strong, knowledgeable, expert lawyer to present your case. Contact the Verhaeghe Law Office for your best defense. Call 587-410-2500.

Purchasing A Home? Buyer Beware

Purchasing A Home? Buyer Beware

Buying a home or commercial space is an exciting experience, especially if it’s your first time. Let’s focus on home buyers in particular, where couples and families sacrifice a significant amount of their savings and their time searching for the right home. However, there is nothing worse than finding the perfect home and being saddled into a bad contract. It’s important that home buyers don’t skip the critical step of having a lawyer review the contract to ensure that it’s fair, in your best interests, and that you understand your right and obligations.

Why Do I Need a Real Estate Lawyer?

Having a good real estate lawyer is like having that angel on your shoulder giving you good advice during the transaction. A lawyer can help you avoid some common problems with a home purchase or sale. Often, real estate agents use a one-size-fits-all form for their brokerage agreement, but this doesn’t always cover all of the extenuating circumstances. It’s essential to avoid vague and unclear terms, which can end up costing you in the long run.

Purchase Agreements

The purchase agreement is the most important document in a real estate transaction. In it, it details the conditions that both the buyer and seller agree to. This also includes the purchase price and is a legally binding contract between the two parties. Most of the conditions in this agreement are designed to protect the buyer (e.g., repairs that need to be completed by the seller.)

The agreement also outlines when the buyer will take possession of the home and move in. Additionally, any conditions under which either the buyer or seller can legally back out will be written into this agreement. The most common reasons people back out of a deal is that they could not secure financing or there are legal matters that pertain to an estate. If a seller backs out of the deal for any other reason other than what’s outlined in the purchase agreement, the buyer may be able to recover damages in court.

The Purchase Agreement Is Signed. Now What?

The purchase agreement is a giant hurdle to overcome, but once it’s signed, it’s time to look at the seller’s title. This is necessary to establish the state of the seller’s title to the property to the buyer’s, and most like the financial institution’s satisfaction. A title search is ordered from Alberta Land Titles. A lawyer can help review the title search and explain any exceptions or encumbrances on title. What does this mean? It’s important to determine whether there are problems showing up on the title or issues with adjoining owners. Lawyers can explain the impact of easements and agreements or any restrictions that were imposed by previous owners.

Closing Time

We’re coming down the stretch toward the finish line. While the purchase agreement might be the most important document of the transaction, the closing is the most important event. During this time, there are certain adjustments and other closing paperwork are prepared; strict trust conditions are placed on the Buyers Lawyer, certain undertakings are given by the Sellers Lawyer, title or possession passes from seller to buyer, and the balance of the purchase price is paid. For the vast majority of homebuyers, the balance of the purchase price is paid through a mortgage loan.

A lawyer is helpful in explaining the nature, amount, and fairness of closing costs and ensures that all documents are appropriately executed. This can be a confusing and complicated process to a buyer and seller, but having a real estate lawyer on your side throughout the entire transaction ensures your rights are protected. Too often we see buyers giving money directly to sellers for property owned by someone else. A lawyer can order Title Insurance for you. Last year there were in excess of 3000 cases of property fraud in Alberta or other situations where property was placed at risk. It is our policy to order Title Insurance on each and every real estate purchase transaction. When a major builder declared bankruptcy, Builders Liens were placed on many of our clients and their neighbours homes. Each and every one of our clients had Title Insurance step in and protect them. We fielded a lot of nervous calls; offering relief that they were protected for a small one-time fee (under $230.00) they paid when they purchased their property. Many of their neighbours were not so lucky. Their lawyers had not purchased Title Insurance and these buyers were stuck dealing with their liens on their own, some in the tens of thousands of dollars.

Give yourself the peace of mind when you’re making one of the most significant purchases in your lifetime and have an experienced lawyer by your side throughout the transaction. Our team at Verhaeghe Law Office has a wealth of knowledge in the real estate business and help our clients make sound decisions that could impact the rest of their lives. For more information, please free to visit our main page and let us help you.

Your Complete Guide to Child Custody in Canada

Child Custody
Are there different types of child custody in Canada? Who decides on these arrangements? Here's everything you need to know about child custody in Canada.

For most, divorce is the last thing on their radar. But if you have children, you need to consider what's in their best interest.

And if you want the situation to turn out in your favour, it's best to plan ahead. The average three-day case can cost at least $60,738, and most custody trials go on for at least five to eight days.

Here, we're breaking down everything you need to know about child custody, from the types of custody to factors that affect a decision.

What is Child Custody?

But first, the basics: what is child custody?

Child custody refers simply to the care, control, and maintenance of a child. Most of the time, biological parents have the legal right to make decisions about their child's welfare without question, including their residence, education, religious upbringing, etc.

Usually, parents are not required to obtain this legal right, especially if they are married to each other and are both listed on the child's birth certificate.

However, if the parents disagree over who has the right to make these decisions, or if officials find that the parents are unfit to make these decisions for some reason, the family courts (Queen's Bench or Provincial courts) work with the legal representation of the parents to determine custody arrangements.

Types of Child Custody

Keep in mind, though, that there are several different types of child custody. These include:

  • Sole or full custody
  • Joint custody
  • Shared custody
  • Split custody

Each of these is a subset within physical and legal custody and is determined based on the family situation in question.

Understanding Physical vs. Legal Custody

Before we go into the different types of custody, it's important to understand the difference between physical and legal custody, as the four types of custody listed here can be any combination of physical and legal custody.

Basically, when someone has physical custody of a child, that means that they're responsible for the child's day-to-day care, which almost always means that the child will live with a parent who has physical custody.

Legal custody, on the other hand, refers to the legal authority to make decisions in the child's life, such as education, healthcare, religion, and other concerns.

It is quite possible (common, even) to have one but not the other--parents might share legal custody but not physical custody. In other words, you could have a situation where both parents have legal input but the child only lives with one parent.

With that in mind, let's talk about the different types of custody.

Sole Custody or Full Custody

Sole custody is a term you've probably heard tossed around on TV--usually, one character is demanding that the other grant full or sole custody of their kids.

If a parent has sole custody, the child lives with that parent permanently. That parent also has the right to make all important decisions about the child, regardless of whether the other parent disagrees.

The other parent may still have access rights, though this is at the discretion of the parent with sole custody.

Joint Custody

If sole custody means one parent gets 100% control, then joint custody is a 50/50 split.

Joint custody is a relatively common arrangement in which parents share equal responsibility for the child's welfare. This means they must work together to agree on schedules, decisions, and other shared responsibilities.

Usually, a rotating visiting schedule is created between parents in which the child shares time between the two parents equally.

Shared Custody

Then, there's shared custody, which is similar but not quite the same thing.

Like joint custody, parents with shared custody care for and house their children for roughly equal amounts of time. Important decisions may or may not be shared, but if decision-making is shared, the parents will have to agree on a schedule for visitation.

If they cannot agree, a judge may step in to determine a visitation schedule and the division of parental rights.

Shared custody is preferable over joint custody if:

  • One parent is away from home for extended periods of time
  • One parent is less financially stable than the other
  • One parent is ill, injured, or unable to care for their children

In these scenarios, a 50/50 split provided by joint custody is impractical. Depending on the division created in a shared custody arrangement, child support may be calculated differently.

Split Custody

Finally, there's split custody, which is another variant of joint custody.

Basically, split custody is an arrangement in which custody is split between parents. So, if a family has two children, one child may reside with the mother and the other resides with the father.

Sometimes, this means that the children live permanently with their respective parent. Other times, children may rotate living with each parent in equal amounts.

In such arrangements, parents may still share legal custody, but each parent must have physical custody of at least one child. Either way, both parents must agree on split custody, and they must prove to the court that split custody is in the best interest of their children.

However, it is one of the least common custody arrangements, and courts may not grant split custody over joint custody even if both parents agree that split custody is the best choice.

Parens Patriae

Canadian courts also have parens patriae jurisdiction. This means that the state has the power and authority to protect those who cannot act on their own behalf. In family law, this means Canadian courts can take necessary action to protect children.

This is best explained in an example.

In one case, Johnson v. Athimootil, a court in Ontario accepted jurisdiction over children in Saudi Arabia who previously lived in Toronto, moved to Saudi Arabia, and whose mother returned to Toronto with only one child and had not seen them since.

How is Child Custody Determined?

Now that you understand the various types of child custody, let's talk about how child custody is determined.

Determining Factors

There are a few factors that collectively determine the outcome of child custody decisions in Canada. Above any other factor, the court will always consider the best interests of the children first.

They will, however, take other factors into consideration when determining what the best interests of the children are. This includes:

  • The parent-child relationship
  • Respective parenting abilities
  • The mental, physical, and emotional health of each parent
  • The relative financial stability of each parent
  • The typical schedule of each parent
  • Support systems available to each parent, like the relative help and involvement of grandparents or close relatives
  • Care arrangements prior to separation
  • Any sibling issues
  • The child's wishes

Most of the time, courts prefer to keep siblings together (which is why split custody arrangements are so unusual). However, under some circumstances, the court may consider it necessary to separate the children.

The court will put the best interests of the children above all else when under the age of 18. However, once a child turns 12, their wishes to live with one parent or another is usually respected by the courts.

The past behaviour of a parent will not be taken under consideration in a custody decision.

However, if there are extenuating circumstances which directly reflect on the person's ability to act as a parent, the court will consider them This includes things like substance abuse or allegations of abuse or neglect. Adultery and other marital offences are not sufficient to deny custody.

Who Decides Child Custody?

So, who is ultimately responsible for deciding who gets custody of your kids?

The decision-making power comes from one of two places:

  1. An agreement between parents
  2. The courts

Keep in mind, though, that if parents reach a decision outside of court that both can accept and such an agreement has been put in writing, the court generally won't interfere. This is preferable, as it's far less expensive and disruptive.

However, if parents cannot reach a decision, they may have to ask a court to step in and mediate for them. In making their decisions, courts will consider the Divorce Act, the Family Law Act, the Children's Law Reform Act, and precedents set in other cases.

However, as we said, the court will always consider the best interests of the child first.

Conditions the Courts Favor

However, even with all of these possible considerations, there are three factors that courts usually favour:

  1. A pre-existing arrangement between parents
  2. Whether one parent is full-time or not
  3. Which parent is the primary caregiver

For example, as a rule, courts prefer to grant custody to whichever parent was the primary caregiver before the divorce. This is usually the mother, but it can be the father or even a grandparent.

They will also consider how much time each parent can devote to the children (whether or not a parent works, what their work schedule looks like) relative to their capacity to financially and emotionally support the child.

Child Support

Part of the court's decision has to do with child support, as child support is often determined by the custody decision.

In any custody decision that is some variant of joint custody, especially shared custody situations, a judge will endeavour to set child support amounts to ensure that children in a similar situation are treated the same.

Determining Factors

Now, there are a variety of factors that will determine a child support decision. Our examples will assume the court is making the decision.

First, a court will determine whether the shared custody rule applies. They will primarily consider cost or time as deciding factors.

For example, under child support guidelines, a parent must exercise access to or have physical custody of a child for 40% or more of the time in a year. However, there are several arguments against this rule.

As such, a judge may also consider cost as a deciding factor, which means they must decide which costs are legitimate. However, it is worth noting that child support for low-income mothers is generally inadequate, while child support for high-income mothers often far exceeds their actual need.

Deciding on Child Custody

Once you know all the mitigating factors and the types of child custody available to you, you need to figure out what custody arrangement is best for your children.

You have one of two options: going to court, or working it out outside of court.

Going to Court

In theory, going to court makes it easier, since you argue your case and the decision is taken out of your hands.

In practice, going to court makes everything harder.

Aside from the financial strain that results from a trial, taking your case to court takes a huge emotional toll on your family. Going to court is a valid option if you just cannot agree, but if you can find a way to reach an agreement outside of court, it makes the whole divorce much easier.

Without Going to Court

Outside of court, you have several options to figure out child custody.

One of the main people who can help you through your divorce is a family or divorce lawyer. They can help guide you through the entire process and help ensure the best possible outcome.

In addition, you may also consider working with a family mediator or a therapist. Divorce is a stressful time, especially for kids, and you want your children to feel secure going into this new phase of life.

The Family Lawyer You Need

Central to ensuring a smooth child custody process is a great family lawyer. That's where we come in.

Whether you've lived in Canada for your entire life or you're brand new to this country, we're here to help you make sense of the legal system. Our family lawyers understand and empathize with clients and provide a realistic assessment of your situation.

We have many testimonials that speak to our clients' satisfaction with our services.

If you need to speak with a lawyer, use our contact page to get in touch.

Welcome to Canada, eh! |Immigrating to Canada

Immigrating to Canada

Let’s face facts, we live in a time of heightened national paranoia. As a result, amendments have been written making entry into a country, residency, and citizenship more difficult than any other time. If you live in, or wish to live in, Edmonton, AB and are seeking a Visa of any sort, wishing to become a naturalized citizen, or are facing deportation - Verhaeghe Law Office is the first call you should make. As there are many scenarios that bring people to immigrate or seek refuge elsewhere, we have worked diligently to be versed in all matters of the immigration law, Visa and residency processes. As these are very serious legal matters, they should not be dealt with alone. This is especially true because you can do irreversible damage to your ability to apply for any long-term entry into Canada again in the future.

Requirements For Entering Canada Legally

We provide Visa, permanent residence and naturalized citizenship assistance and many more legal services to those seeking entry into Edmonton, AB. Please contact us for more information, don’t face this alone.

In most cases, obtaining one aspect of entry into Canada is tied directly to another. For example, in procuring citizenship, you need to be a permanent resident, and to be a permanent resident, you most likely needed a Visa first, though being a foreign worker with a Visa does not automatically provide permanent residency. As you can see, this is a very complex subject, which is why we are happy to represent you.

Below is a very brief overview of the requirements for obtaining legal citizenship in Canada, from Canada.ca. Click through each link to read the important details of each step.

  1. Permanent Resident status - Get a PR Card for legally living in Canada as a citizen of another country.
  2. Time you have lived in Canada - 1095 days during the five years right before the date you sign your application
  3. Income tax filing - You must meet your personal income tax filing obligations in three tax years that are fully or partially within the five years right before the date you apply.
  4. Language skills -To become a citizen, you must show that you can speak and listen in one of Canada’s official languages: English or French.
  5. How well you know Canada -You’ll need to answer questions about Canada’s: values, history, symbols, and institutions.
  6. Prohibitions - If you have committed a crime in or out of Canada, you may not be eligible to apply for citizenship, depending on the status of the crime.

Learn More About Immigration Law

If you need assistance with, more information about, or legal representation for any of the following, please don’t wait to call. Time is extremely important in these matters.

  • diplomatic immunity
  • green card fraud
  • illegal aliens
  • refugee status
  • Visa rejections and renewals
  • naturalization proceedings
  • amnesty

Verhaeghe Law Office in Edmonton, AB can help you become a citizen of Canada, obtain Visas, and assist with deportation. Please contact us at (587) 410-2500 to discuss your best options.

Impaired Driving

Impaired Driving

Driving while impaired due to the ingestion of alcohol or drugs can incur a number of offenses under Canadian law. New, reformed driving laws will be in effect in December and the biggest and most controversial changes are making headlines. Recreational marijuana will become legal in October of this year and has prompted police and lawmakers to increase their ability to test and charge impaired drivers under the influence of marijuana. If you’ve been charged with DUI or related offenses, call (587) 410-2500 to speak to one of our lawyers.

Alcohol, Drugs, and Accidents

Mothers Against Drunk Driving (MADD) Canada, have compiled statistics about driving impaired. Alcohol and/or drugs are involved in an average of three Canadian car crash fatalities every day. Of the 2,297 deaths due to road crash in 2014, 1,273 included an individual that tested positive for drugs or alcohol. That’s over 55%.

Your risk of a fatal accident while under the influence of alcohol or drugs, including prescription drugs, is greatly elevated. We recommend you do not get behind the wheel of any vehicle if you have been drinking or using any kind of drugs.

Police Detection of Impaired Drivers

Starting December 2018, reformed DUI laws will go into effect. Some of these reflect new procedures for detection of alcohol and/or drug use. The controversy that surrounds these laws is ongoing, but Bill C-46 is moving forward.

The most problematic change is that police will no longer need reasonable suspicion to test drivers for alcohol use. If any driver refuses to take the sobriety test, they will face criminal charges with penalties similar to impaired driving convictions. Detractors state that this practice is a violation of civil liberties with unreasonable searches as well as the potential for racial profiling.

In addition, Canadian police officers are currently undergoing training for screening for drug use, particularly for THC, the main psychoactive ingredient in marijuana. Officers cannot use random testing as they can for alcohol; they must have reasonable suspicion before requiring a driver to take the test. However, if you are pulled over and alcohol is ruled out as a source of impairment, THC testing can be administered.

BAC (blood alcohol levels) have been set for quite some time, and a similar set of THC levels will be applied to impairment with marijuana use. The problem lies within the science. There isn’t a definite level of THC that is proven to cause impairment. The government has proposed levels, but even small amounts of cannabis used just before driving could land a driver within this range. Until the science improves, the government will be taking a zero tolerance approach.

The new law also eliminates the use of the “bolus drinking defense” in which a driver can claim that they drank just prior to driving and the alcohol was not fully absorbed into their system so they were not over the limit when driving. This will no longer be applicable as the law states that it is illegal to be over the alcohol limit within two hours of driving.

New Penalties for DUI

Beginning December 18, 2018, alcohol-impaired driving that does not cause bodily harm will incur mandatory penalties that range from $1000 for a first offense to a minimum of 120 days in prison for a third offense. Penalties are based on BAC levels and the number of previous offenses, or the refusal to be tested.

Drug-impaired driving with 2 nanograms (ng) but less than 5ng of THC per milliliter of blood will earn a maximum $100 fine. Note that hybrid charges, 5ng or more of THC with detectable levels of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam, or 5mg/L of GHB will range from $1000 fine to a minimum of 120 days in prison. THC and alcohol will incur similar penalties.

Maximum penalties for Impaired driving causing bodily harm will range from two years less a day to 10 years in prison. Impaired driving causing death carries a maximum penalty of life imprisonment.

THC Testing

If there is a suspicion of DUI, police can pull you over for roadside testing. A breathalyzer test, to rule out alcohol impairment will be administered. After a pulse check, you will be asked to perform the eye test, one-leg stand, and walk and turn. In December, police will be able to administer saliva tests to detect THC.

Based on the roadside test results, police may take you into the station for further testing including: blood pressure, temperature, divided attention tests, pupil examination, and more. The process will take approximately one hour to complete.

Is the High Worth the Risk?

We hope you answer “no” to that question. The risk of fatal accidents while driving under the influence should be reason enough to limit consumption or arrange for a ride when using alcohol or marijuana. If the loss of life isn’t enough, the law reform and stiffer penalties, along with the ability for police to conduct random alcohol testing, should prompt you to think twice before getting behind the wheel.

Please do not drive while under the influence of alcohol or drugs. If, for some reason, you are charged with DUI, call Verhaeghe Law Office right away.

9 Costly Mistakes to Avoid as Executor of an Estate

9 Costly Mistakes to Avoid as Executor of an Estate
Have you been named executor of your deceased loved one's will? This is a critically important role. To avoid any missteps along the way, here are 9 costly mistakes to avoid from the start.

When a loved one dies, you know that planning the funeral and dealing with the emotions associated with the loss is only part of what you need to think about.

You'll also need to understand how to settle the estate and distribute the assets out to any beneficiaries.

If you've been declared as the executor of an estate, this will be your responsibility.

This can sometimes be an involved process -- and it's easy to make a mistake.

This post will tell you what you need to look out for so that you can avoid some of the most common mistakes made when estate planning.

We'll also let you know where you can find proper legal help to make things easier.

1. Not Moving Quickly Enough

We know that the emotional pain of losing a loved one can make it hard to move forward with the probate process.

But as an executor of an estate, it's important that you understand time is of the essence -- and that waiting too long to begin will make the process even harder.

Remember that the longer you wait to begin, the higher your taxes will climb. Creditors will start to hound you, and of course, those who stand to inherit something from the estate will begin to get frustrated.

Plus, the faster you move, the better that you'll be able to protect all the assets of your estate. If you're inheriting something like a home or another piece of property, you need to make sure the home and the things in it aren't left vulnerable.

Additionally, you might be subject to nonpayment penalties when it comes to taxes or mortgages on the home.

Above all, ensure that you get control over the accounts, debit/credit cards, and other financial records as quickly as possible.

You don't want to cause any strain between yourself and your family members, and you also don't want to be taken advantage of.

2. Jumping the Gun on Distributions

While you're of course aware that there can be a penalty or other problems if an executor fails to distribute, taking those distributions too early can also cause you some serious problems.

You'll need to hold off on making those distributions after liabilities and taxes have been paid. If you make those distributions before then, you as the executor of the estate will be held responsible.

Making these types of early distributions is often referred to as "at risk distributions."

If you end up with a sudden claim but have already made distributions, you don't want to have to pay penalties and fees.

Even if you miscalculated even slightly, the fact that you made early distributions could land you in hot water.

So, in short: when in doubt, wait it out.

3. Not Working to Create a Detailed Asset Inventory

One of the best ways to not only keep the peace between heirs of the estate, but to also ensure that the process goes as smoothly as is possible?

Making sure that you've worked to create an asset inventory of the estate. This is especially key if you have real estate to deal with.

Be aware that this inventory list should have only what's been gathered and given to an administrator to take control over.

You should also consider things like jewelry, cash found in the home, specific family heirlooms, pieces of furniture, and much more.

What about royalties, bank accounts, or investment accounts?

And will these assets be given to estate heirs by the will, or through the process of intestate succession?

These are all important things to consider -- and if you have older relatives who are still living?

You might want to think about sitting down with them now and going over the assets that they have.

Though the conversation may be awkward and even emotional, it will increase the chances that things go the way your relative would have wanted once they've passed away.

4. A Failure to Hire a Lawyer

The truth is that the probate process can get incredibly complicated very quickly -- especially if you're the executor of an estate.

You might think that you're familiar with the process in general, but find that the specifics of the estate you're controlling are simply too tough for you to handle.

Even if you don't hire a lawyer to guide you through the entire process?

It's a smart idea to at least schedule a consultation with a lawyer before you begin.

This way, you'll be able to figure out the next steps to take, and whether or not your case will be complicated enough to hire a lawyer.

Remember that, in addition to a lawyer, you may also want to speak with a financial planner or a CPA. The same goes with real estate professionals in the local market, as well as estate planning professionals.

We strongly suggest that if the estate is located outside of the city where you live, that you rely on a legal professional to help you.

5. A Lack of Detailed Records

Earlier in this post, we spoke about how it can sometimes take several years for an estate to be settled completely.

But when beneficiaries want a quick payout?

They can put pressure on you to speed up the timeline.

They may even become suspicious about what you're "really doing" with the money and the assets.

To help them to understand the process -- and to clear your name of any potential wrongdoing -- it's important that you keep as many records as possible. This becomes even more essential if the investments made in estate financial accounts have dropped in value.

You need to create a paper trail that proves that you as the executor have done your due diligence when it comes to communicating with lawyers, financial planners, and more.

The more transparent that you're able to be, the less likely you are to have serious problems on your hands down the line.

We recommend that you begin the entire estate process by reading the will out loud to all of the beneficiaries.

This will cut down on the potential for misunderstandings and will prevent beneficiaries from making untrue or unfair claims down the line.

6. A Lack of Understanding of an Executor's Responsibilities

You also need to make sure that you can answer the basic question, "What is an executor of an estate?"

Many people think that they understand the responsibilities they will need to take care of -- but often, there's a lot more to the process than they realize.

They also fail to understand how they'll legally be held responsible for the estate and the assets within it.

In other words, it's not just about getting the money out to any beneficiaries.

You'll need to make sure you've listed and taken care of the cost of administrating the estate, that you have the ability to remain impartial, and that you're doing things as the deceased would have wanted.

You'll be responsible for making sure you allocate any taxes between the beneficiaries, and that you liquidate securities if needed.

You also need to make sure that you pay any taxes on properties owned by the deceased.

You also need to work to make sure you don't miss any of the estate's mortgage, car, or other forms of insurance payments. Even if you hire a lawyer to help you, know that, as the executor of an estate, you'll still be held responsible.

7. Problems with Digital Assets and Records

You know that our dependence on technology is greater than ever -- but did you know digital records also play a serious role in the probate process?

Even if you have the login names and passwords to the deceased's accounts?

You will need to make sure you're not committing a crime by going into them.

Be aware that some provinces don't allow you to access those digital accounts because this is seen as a violation of privacy laws.

We strongly suggest that you have a lawyer on your side if you'll need to deal with digital accounts. The last thing that you want to have happen is for you to end up being charged with hacking.

8. Waiting Too Long to Put Real Estate up for Sale

We understand that it can sometimes be a challenge to put up a loved one's home for sale after they've passed on.

But as an executor of an estate, it's essential that you act as quickly as you can in order to make the greatest possible gain on the property.

Try to take your emotions out of selling the home.

If needed, hire a professional organizer, home staging company, or cleaning service to come in and help you to speed up the process. Dedicate a weekend with other family members to meet and go through the items in the home.

You'll need to decide whether or not the home is in need of renovation or any repairs. If so, be aware that this will add to the overall timeline of the sale.

You might even consider selling your home for cash, especially if you need access to capital as soon as possible. A cash home buyer is also an excellent option if the deceased's home is in particularly bad shape.

Also, be aware that as soon as you're made the executor of an estate, you have the ability to list the property for sale.

The sooner you move on this, the better.

This is because you'll be able to field multiple offers, which will often lead you to getting a much higher one than you would if you're in a rush to sell.

Remember that you can't actually close escrow until you have letters of administration in hand. Just be upfront about this fact when you communicate with any potential buyers.

9. Improperly Closing the Estate

What happens if an estate is not settled?

In short, nothing good.

Many unaware executors think that, as long as the money has been distributed to the beneficiaries, their work is done.

This couldn't be further from the truth.

First, you'll need to pay off any of the debts associated with the estate -- which means you'll need to let creditors know that you're now in charge.

You should have filed tax returns and made tax payments and made a file final accounting agreement with your probate court. This is essentially the list of all the assets and expenses associated with the estate.

If you want to avoid a hearing, you'll need to have all of the beneficiaries sign this file final accounting. Then, you'll need to actually make the distributions themselves.

Finally, you must file a closing statement to the probate court. Essentially, this document proves that you've made all the required distributions as directed by the will.

Need Legal Assistance as an Executor of an Estate?

We hope that this post has helped you to understand the mistakes you're likely to make as an executor of an estate.

You need to make sure that you're as transparent as your family members as is possible, and that you fully understand what the responsibilities of acting as an executor of estate actually entail.

Above all, you need to hire the right kind of legal assistance to make sure that everything goes as smoothly as is possible.

Especially when you're dealing with the emotions of the loss of a loved one, it's easy for things to get lost in the process.

We want to be the ones to help you.

Spend some time on our website to learn more about the services we offer.

When you're ready to begin the estate planning and execution process, reach out to us.

Your Guide to the Key Services That a Corporate Lawyer Can Provide

Your Guide to the Key Services That a Corporate Lawyer Can Provide
If you run a business you may be considering using the services of a corporate lawyer. But what services does a corporate lawyer actually offer? We take a look with this in-depth guide in the world of corporate law.

Have you seen the TV shows that depict the world of law as an exciting and exhilarating environment?

On our TV screens, we get to see how high-flying lawyers overcome the odds to win the court case. But shows such as the legal drama, Suits, present a different picture than the reality of being a corporate lawyer.

In the real world, it's not quite as dramatic. And yet, the true answer to what do corporate lawyers do is no less important and vital.

Are you considering hiring the services of a corporate lawyer for your business? Before you do this, it's important to know what a corporate lawyer actually does.

That's why we've put together this guide to help you learn about the key services provided by corporate lawyers. Keep reading to find out more!

Corporate Lawyers vs Litigators

Many people confuse litigators with corporate law. This is totally understandable. People often see TV lawyers negotiating deals with clients one moment and fighting it out in court the next.

But the truth is that while corporate lawyers and litigators both work with corporations, what they actually do is quite different. The simple explanation is that corporate lawyers help create businesses. Whereas, litigators get involved when business goes wrong.

On the one hand, corporate lawyers create transactional arrangements and deals with and between corporations. On the other hand, litigators are called on when the transactional agreements are broken and something goes wrong.

Litigators try to resolve the disputes between corporations through the judicial system, mediation or arbitration.

Corporate lawyers want to avoid getting litigators involved if it's possible. That's why they work to ensure that each party involved in the agreement is made aware of their respective responsibilities and rights.

If you think you're searching for a litigation lawyer rather than a corporate lawyer, check out our blog on the top 10 reasons to hire a civil litigation lawyer.

What is a Corporate Lawyer?

Essentially, a corporate lawyer provides advice to corporations about their legal responsibilities, obligations, and rights.

Many corporate lawyers are generalists. Therefore, it's often necessary for corporate lawyers to consult with a range of experts in different legal fields, including tax and real estate.

What do Corporate Lawyers do?

When it comes to the day-to-day responsibilities of corporate lawyers, it really depends on the kind of law firm and the level of seniority of the lawyer.

A typical day in the life of a corporate lawyer involves the following tasks:

  • Phone calls
  • Negotiating deals
  • Drafting legal documents
  • Attending meetings with clients

A lot of the tasks of corporate lawyers revolves around making sure each party is clear on the legal agreements and what it means for them.

It's difficult to categorize the services of corporate lawyers because each law firms structures the services they provide in slightly different ways. However, we've put together a general understanding of the separate departments and services providing by most corporate law firms.

1. The Formation, Operation, and Governance of Corporations

Before what a corporate lawyer does can be explained, it's important that you understand exactly what a corporation is.

What's a Corporation?

Of course, a corporation is often referred to as a business or company too. But a corporation is above all a "legal entity".

According to the Legal Dictionary, a corporation is defined as follows:

"An organization formed with state governmental approval to act as an artificial person to carry on business (or other activities), which can sue or be sued, and (unless it is non-profit) can issue shares of stock to raise funds with which to start a business or increase its capital".

The incorporation relates to the laws of the particular state in which the corporation operates. Each state has laws regarding the formation, operation, and governance of corporations. As well as the dissolution of corporations.

Why is a Corporation a Legal Person?

By making a corporation a "legal person" it becomes separate from its owners. This avoids any situation in which a shareholder is liable for the activities of the corporation.

The corporation as a legal person also has eternal life. If the owner(s) of a corporation passes away, the corporation lives on.

Where do Corporate Lawyers Come in?

The formation of a corporation is essentially a legal thing. That's why you need a corporate lawyer to get it done.

If the owners of an enterprise want to become incorporated. The corporate lawyer will be hired to draft the what is called, "articles of incorporation". This document includes the details of how the business will be managed and operate.

The majority of states require corporations to include bylaws. The bylaws are introduced by the corporation to control the activities of the officers.

But there are numerous kinds of businesses that corporate lawyers have to manage the affairs of. Each business entity includes specific rights, responsibilities, structures and tax arrangements. These include:

  • Limited liability companies
  • Limited liability partnerships
  • Business trusts

The corporate lawyers provide advice to businesses on which kind of legal entity would be most appropriate for their enterprise.

After the Formation of the Corporation

But the job of a corporate lawyer is not exclusively with the formation of the corporation.

It's common for corporations to request legal advice about the management of the organization. After all, there are endless legal problems that any business encounters. Some examples include:

  • Contracts for office space
  • Employment contracts
  • Non-disclosure agreements

The variety of types of law that a corporate lawyer has to deal with means that it's often necessary to consult other legal experts.

For example, a corporation might call on a lawyer to research an environmental legal challenge. The corporate lawyer will commonly request advice from an environmental legal specialist.

2. Mergers & Acquisitions (M&A)

Mergers and acquisitions (M&A) is a fancy word for one or more legal corporate entities becoming a single legal entity. As a corporate lawyer, this is your bread and butter kind of work.

It's defined as "a combination of two companies where one corporation is completely absorbed by another corporation".

Why do M&A Happen?

By acquiring or merging with another company, a corporation could grow or downsize. The corporation becomes the owner of the other company's assets (such as property), equity rights and stock.

There are a number of motivations for M&A.

For example, if a smaller competitor is growing its market share of the same industry. This is a threat to your corporation's business. By acquiring the company, the challenge to your business is neutralized.

The Role of Corporate Lawyers

Corporate lawyers are brought in to examine the company's assets and liabilities.

The demands of an M&A are normally so substantial that it requires a team of corporate lawyers working together. Some corporate lawyers specialize in M&A practice.

Assets and liabilities include, among other things, the following:

  • Financial records (e.g. debts)
  • Employment contracts
  • Property holdings
  • Intellectual property
  • Litigation

This is referred to by lawyers as "due diligence". After this investigation is complete, the corporate lawyers return to the client with issues that need to be raised.

What are the consequences of the M&A for employees of the acquired company? Who is responsible for the current debts of the acquired company?

Once various agreements are made between each party, the corporate lawyers have to draft the M&A agreement. This involves a process of ironing out the details of the terms and conditions for each party. As well as, the rights, responsibilities, and liabilities of the parties.

3. Venture Capital

The next key service that corporate lawyers generally provide is related to what's called venture capital.

What is Venture Capital?

Even though you've almost certainly heard people talk about venture capital. You might not know exactly what venture capital is.

Venture capital is the financing provided for start-ups in the early stages of development. Investors choose start-ups that they believe have a high potential for growth. Investors in venture capital are usually looking out for emerging technology and innovative ideas.

How Corporate Lawyers can Help

Corporate lawyers work with start-ups to help them to secure public and private financing. Lawyers provide legal advice to emerging companies on formation and organization.

The tasks of lawyers involved in venture capital include the following:

  • Drafting legal documents (including articles of incorporation)
  • Securing Licenses
  • M&A

Many corporate lawyers find that venture capital is one of the perks of the job. This is because every party involved in the process has the same objective. Whereas, in many other aspects of corporate law, there are two or more parties at odds with each other.

4. Project Finance

Project finance is the name given to major infrastructure developments. This includes the following:

  • Roads
  • Power plants
  • Pipelines
  • Public transportation systems

Projects like these involve a wide number of players and a lot of money. That's why it requires corporate lawyers with specialized expertise in project finance.

A project such as a road requires the cooperation of numerous different corporations and entities. However, for the duration of the project, the parties come together to form a single entity. This can take the form of a corporation or another kind of legal entity.

This requires the lawyer to work on the project finance deal. This includes the following tasks for the lawyer:

  • Drafting of the power of purchase agreement
  • Contracts between parties
  • Financial terms and conditions of investors and lenders

The challenges of project finance work mean that corporate lawyers have to research across a number of fields and consult experts.

5. Security Law

While the previous 4 examples of key services provided by corporate lawyers, security law is less commonly the territory of corporate lawyers. However, corporate lawyers can have specialist knowledge of security law.

What is Security Law?

This is nothing to do with national security. Security law is related to the ownership of stocks and bonds that are traded on the market.

A stock and bond are referred to as a "security".

The security laws are underpinned by the Federal government. There are a number of acts that every corporate lawyer needs to understand. For example the Securities Act of 1933.

This requires any corporation that sells stocks or bonds to members of the public to be officially registered with the United States government.

Under this law, there are also specific obligations to disclose information to shareholders.

For example, if the corporation is a public company that is traded on the stock exchange, the US government requires reports to be submitted to both the Securities and Exchange Commission and shareholders.

What do Corporate Lawyers do?

Such reports are legal documents. And therefore, they are drafted by corporate lawyers. This can take either annually or quarterly.

However, if there is a significant event that affects the price of the company's stock, the corporation might be required to disclose further information to both the stakeholders and the US government.

Hire a Corporate Lawyer for Your Business

Now you know the key services that a corporate lawyer can provide, it's time to get your business a lawyer you can trust. By hiring a corporate lawyer now, you can build up a strong relationship before you require legal advice.

Corporate law is a really complex business. It's really important to have an experienced and knowledgeable lawyer on your side.

Our lawyers have years of experience in corporate law for both small and medium-size businesses. If you need a corporate lawyer, contact the team at Verhaeghe Law Office in Edmonton.