Donna Neff's Law Blog

Where There’s a Will, Is There a Way to Find It?

October 25th, 2010

Looking for a Will of a deceased person in Ontario? Not sure where to begin your search? Here a few tips to get you started:

1. If the Will was probated (submitted to Court after the person died), it is possible to hire an agent to do a manual search of the records in the Estates Office at the Court in the jurisdiction where the person was a resident at the time of death.

2. If you know the name of the lawyer who handled the deceased person’s estate, he or she may have a copy on file.

3. If the deceased person owned real estate at his or her death, a lawyer could perform a title search of the property. Depending upon where and when the person died, the Will might have been registered at the Land Title Office in the jurisdiction where the property was located.

4. If you were the executor (or ‘estate trustee’ as it is now called) of the deceased person’s estate, you may be able to obtain a copy from Canada Revenue Agency (CRA) or from the deceased’s bank.

5. If you know the names of any of the beneficiaries named in the Will, ask if one of them has a copy.

Posted in Estate Administration | Comments Off

The Top Three Apps I’m Most Thankful For

October 11th, 2010

On this day of thanks, I thought I would share with you the three apps I am most thankful for.

Battery Indicator

This is one of my most recent tech utility discoveries and, perhaps, one of the best. It gives you a visual graphic in the taskbar showing (just glance at it – no mousing over it) the amount of time left on your laptop battery. Over time, laptop batteries will become incapable of holding a charge if you always have them plugged into the wall. The beauty of this application is that because you can see exactly how much time is left, you can run the battery down and just plug in before it goes totally dead, thus prolonging the life of your battery. Read the rest of this entry »

Posted in Conference/Seminar, Tech Tips | Comments Off

Attention All Blackberry Users!

September 30th, 2010

Are you an avid BlackBerry® user? Ever wish you could manage the files on your BlackBerry as easily as you do on your computer? Look no further – BeamExplorer is a free file management solution that offers convenient and intuitive access to the content on your BlackBerry (http://tinyurl.com/ybruq6y). I stumbled across this great little utility when I became frustrated with not being able to find files saved on my BlackBerry. Unfortunately, there is no BlackBerry equivalent to Windows Explorer. BeamExplorer is easy to download and install and very straightforward to use. It works much like Windows Explorer and includes features such as multiple file selection (Shift + scroll the trackball to select contiguous files; Alt + press trackball to select multiple individual files which are not contiguous).

Posted in Mobile Lawyer, Tech Tips | Comments Off

Is Managing a Law Office Part or All of What You do?

September 18th, 2010

Here is an exciting conference you shouldn’t miss. TLOMA (The Law Office Management Association) has put together what promises to be a highly rewarding and educational conference, aptly named the “2010 TLOMA Educational Conference”. It runs from September 22 to 25, 2010 at the Caesars Windsor Hotel & Casino in Windsor, Ontario. This year’s theme is “RiseUp, ReNew and ReBuild”. It is surely one of this year’s conferences not to be missed! Read the rest of this entry »

Posted in Conference/Seminar, Law Practice Management | Comments Off

Opening Your Law Practice 2010, October 18, 9-4:30

September 10th, 2010

I just wanted to take a moment to spread the word about an upcoming Law Society CLE program. If you have taken the plunge, are considering opening your own firm, or have ever considered such a venture, you will want join me and other speakers at this exciting and informative session. I will be sharing technology tips and tricks and how I use social media to develop my network and stay connected. This program offers essential and practical information on preparing a viable business plan and operating a successful law practice. Some of the topics that will be canvassed include:

Getting and maintaining clients;
Staffing, marketing, and networking;
Billing and collecting;
Using technology to become more efficient.

Mark your calendars today! Visit http://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE10-0100601 for further details and registration information.

Posted in Law Practice Management | Comments Off

What is the Effect of Divorce on an Estate and on Powers of Attorney?

August 25th, 2010

Generally a divorced ex-spouse does not inherit via the Will of a deceased ex-spouse nor under intestacy laws. Any mention of a surviving spouse in a Will which was signed before the date of the divorce is treated as though the surviving ex-spouse had died first. This has the effect of cutting out the surviving ex-spouse. A divorced spouse appointed as an Executor by a Will dated before the divorce is legally not allowed to act as Executor. If a Will was signed after the date of the divorce, any provision for an ex-spouse is valid including the appointment of the former spouse as an Executor. Read the rest of this entry »

Posted in Estate Planning, Marriage Breakdown, Power of Attorney for Personal Care, Power of Attorney for Property | Comments Off

What is the Effect of Marriage on a Will and Powers of Attorney?

August 11th, 2010

If you marry after signing a Will and if there is no mention in your Will that you were ‘contemplating marriage’ to your new spouse, your Will is effectively revoked by your marriage. The new spouse has the option to allow the Will to stand but this is rarely to the advantage of the new spouse. If you intend to marry or re-marry, you should review and possibly re-sign your Will with a special ‘in contemplation’ clause to ensure that your Will remains valid.

Re-marriage generally has no effect on an existing Power of Attorney document in which you appointed a former spouse (married or common law) as your substitute decision-maker. If you do not wish a former spouse to act under an existing Power of Attorney, revoke the document in writing or sign new documents which appoint someone else and, at the same time, revoke the previous documents. You must also notify any institutions, financial planners, and other professionals that you have revoked or signed a new Power of Attorney document.

Posted in Estate Planning, Power of Attorney for Personal Care, Power of Attorney for Property | Comments Off

Guardianship Applications – Acceptable Settlements?!

July 26th, 2010

If a person becomes mentally incapable and has never signed a Power of Attorney for Property and/or Power of Attorney for Personal Care, it may be necessary for someone to make an application to the court to be the incapable person’s guardian of property and/or guardian of the person.

Unfortunately, guardianship applications can become acrimonious where more than one family member vie to be guardian. What is the court’s reaction when the contesting parties are able to come to an agreement and appear to have settled the differences between them? Read the rest of this entry »

Posted in Attorneys Acting under a Power of Attorney, Guardianship for an Adult | Comments Off

What Happens to Daisy? – Part 2

July 18th, 2010

Following up on last week’s blog, this week I will discuss gifting a pet to a caregiver and what to consider when making a cash gift to a caregiver.

Gifting a Pet to a Caregiver

Although most of us do not think of our pets as assets, it is important to remember that, for legal purposes, animals are considered personal property. As such, a pet cannot be a beneficiary under a Will. A pet owner can gift his or her pet to another person who then becomes the legal owner of the pet. A provision in a Will directing that a pet be euthanized will likely not be valid as such provisions are considered to be against public policy. Read the rest of this entry »

Posted in Estate Planning, Pets | Comments Off

What Happens to Daisy? – Part 1

July 9th, 2010

Many of us consider our pets to be beloved family members. It is important to plan appropriately for our pets in the event of our mental incapacity or death. The next couple of blogs will explore some of the issues that should be considered.

Immediate Care after Incapacity/Death

Every pet owner should ask a trusted friend or family member to be the emergency contact to feed and care for a pet in the event of the owner’s sudden incapacity or death. Read the rest of this entry »

Posted in Estate Planning, Pets, Power of Attorney for Property | 1 Comment »