It is hard enough to deal with the loss of a loved one, but then the legal issues require the family to divide up the estate. When there is a will, it can be easier to divide, and it is often less contentious, but there are cases where a contested estate will tear the family apart. Under the law, a person can include and exclude any person they wish to be the estate’s beneficiary. That can cause issues with other parties who share an interest in the person’s estate. When there is a death, it is vital to seek the help of a Montreal estate lawyer.
Death is not the only reason you need an estate lawyer in Montreal. The population is aging; therefore, the elderly are reaching times in life when they cannot articulate themselves and suffer from other ailments. Often, the elderly population faces abuse, which can mean they are coerced into making changes to their will. An estate lawyer in Montreal can help protect the aging population against these efforts and ensure the estate stays with its intended parties.
There are many reasons that an estate and will are contested. While the law will respect the deceased’s last will, the surviving family members do not. They can cite that the will is invalid, which requires extensive legal proceedings to prove. In other cases, parties do not feel that the will represents the deceased final wishes. They read the will and oppose what is inside. An example of a contested estate is when someone with interest in the deceased claims that the will is unfair, or that there was undue interference or influence on the person when they were making their will. No one wants to fight with family, but it often happens when money is on the line.
Even when a will is uncontested, many legal concerns still exist with executing the estate. There are documents to prepare and sign concerning the acceptance of the will. There can be a named estate executor or liquidator who will administer and distribute the assets and handle the paperwork. Even so, you will need an estate lawyer in Montreal to ensure there are no mishaps.
Franklin and Franklin have experience as active liquidators or executors of estates. When the deceased person does not have a will, there may also be also a need for a Montreal estate lawyer.
Family can live worldwide, and the distance can become a complex legal matter when a loved one dies. When a deceased resides in one country, but their family and others named in the estate live in another, there will be the need to look into international estate law. Focusing on putting your deceased to rest can be challenging when you must also deal with international law. While there are specific legal doctrines for Quebec, there can be conflicting doctrines regarding estates in Asia or Europe. You need a Montreal estate lawyer who has experience handling international matters.
Montreal law firm Franklin & Franklin can offer experienced legal representation for your estate Law matters in Montreal, Québec, and throughout the rest of Canada
Estate law is a complex subject encompassing many aspects of law, and having an attorney on staff who specializes in it can save you time and money and give you peace of mind. Our attorneys are well-versed not only in the legal aspects of it but also in the emotional effects losing a loved one has on families.
This situation can be very complicated as there are many questions regarding what happens with the inheritance and whose responsibility it is to handle finances, taxes, and all financial matters that arise after the death of an individual. Montreal Estate lawyers assist in dealing with legal documents and help their clients deal with the issues that arise after the death or incapacitation of a loved one.
As Estate Lawyers, we also handle the wills and trusts of our client’s loved ones after death or incapacitation.