Estate Issues

Estate Planning can be a complex and emotionally charged process that can ultimately help keep your family and estate from being caught up in costly and bitter litigation. Montigny Munk Law Professional Corporation supports clients through the process of:

Will Drafting

Drafting a last will and testament involves creating a document that specifies how you would like your assets to be shared upon your death. A well-drafted will can significantly reduce your tax burdens and make the property transfer among the beneficiaries more efficient. The generally accepted rule on drafting wills is that they must be in writing. Although some provinces may acknowledge handwritten wills, most will only acknowledge wills that are either typed or pre-printed.

Establishing Trusts

A trust is a legal arrangement that stipulates the transfer of assets from their owner to an institution or person (a trustee). The trustee then administers the assets in accordance with the terms of the arrangement and for the sole benefit of the beneficiaries. At Montigny Munk Law, we have particular expertise in establishing Henson trusts for disabled family members. Our lawyers will seek to understand your trust needs and will tailor our plans to meet those specific needs and your life situation.

Drafting of Living Wills and Medical Directives

Living wills and health directives are written, legal instructions regarding your medical care when you’re unable to make these critical decisions on your own. These medical directives will guide the choices of doctors and caregivers when you get terminally ill, are in a coma, are seriously injured, are in the late stages of dementia, or are near death. Having well-thought-out and written documentation regarding your health and end-of-life decisions will help ensure that your dignity is upheld.

Naming Powers of Attorney

A power of attorney (POA) is a legal authorization that grants a designated person the authority to act on your behalf. A POA then empowers the agent or attorney to act on behalf of the principal. At Montigny Munk Law, our lawyers has expertise in preparing all types of POAs, including financial POAs and medical POAs.

Appointment of Trustees

A trustee is a manager who you appoint to manage and distribute trust assets for the benefit of your beneficiaries. To make things easier for your family, you can appoint a trustee yourself. Our estate planning lawyers will provide you with legal guidance when selecting your trustee and will ensure that they adhere to your wishes.

Customized Estate Plans

Planning your estate will ensure that your family is provided for and that things occur in accordance with your personal wishes. With us, you have a dedicated expert whose sole focus is to protect your assets and uphold the interests of your family. Our lawyers will make sure that your estate’s documents reach the right people after you pass and that your wishes are fulfilled.

Estate Administration

An experienced Estate Administration Lawyers will guide you in the right direction and ensure that you administer assets in a legal, secure, and effective way.

Do you ever think about what will happen to your assets after your death? Typically, after you die, all of your possessions—such as your money, properties, and stocks—will become part of your estate. Someone known as an executor will be charged with collecting and managing your estate and ensuring that it is shared among your loved ones as you stipulated in your will.

Montigny Munk Law Professional Corporation offers a variety of services regarding estate administration. Our estate administration lawyers have extensive experience in this area, and are dedicated to assisting our clients in managing and safeguarding their estate and upholding its value. Montigny Munk Law Professional Corporation helps executors and trustees protect themselves from disputes relating to:

Executor appointment

An executor is a person chosen to administer a decedent’s last will and testament. Their primary responsibility is to follow the deceased’s instructions for managing their affairs and wishes. They are also responsible for winding up the affairs of the deceased, such as paying creditors, sending out notices of death, and submitting final tax returns. You can appoint an executor in your will; however, if you die without leaving a will, the courts will appoint an executor for your estate. Our estate administration lawyers will guide you on how to choose the right family member, friend, or business associate to fulfill the role of executor once you’re gone.

Probate

A probate is a court-supervised process of administering a decedent’s estate. It is a legal procedure that acknowledges the authenticity and validity of a will. Navigating probate can be a long, tedious, and stressful process, especially for mourning family members. Our probate lawyers are familiar with how probate court works and will help to secure your estate through the court process.

Inventory and asset management

Inventory and asset management often occurs during probate. It involves providing a detailed and up-to-date record of all the decedent’s assets. Carrying out estate inventory is a crucial part of estate administration, as the probate court will need to see the estate’s inventory before distributing these assets to the beneficiaries. Establishing the correct asset valuation for an estate can also help reduce the tax implications involved. Montigny Munk Law has partnered with financial professionals to help determine the worth of each asset, thus helping to maximize tax savings on the estate.

Will or trust interpretation

Sometimes, the beneficiaries may not understand a clause in a will, so different readings of the clause could have different effects. A beneficiary can apply to challenge a will if he’s displeased with the way the executor interprets the will. Our lawyers can give executors the essential direction to help them properly interpret a will, fulfill obligations, and minimize risks.

Distribution of estate assets and passing of accounts

The executor can only divide the estate once they’ve compiled all your assets and settled all your debts. The assets are then formally transferred to beneficiaries. Distribution of estate assets may include transferring personal and commercial property and money. Our estate administration lawyers will help outline and expedite the distribution of property.

Individualized legal solutions

At Montigny Munk Law Professional Corporation, our lawyer is familiar with laws and legal theories surrounding estate administration. She will provide you with a strategy that helps you in accomplishing your obligations as an executor. There is confidence in knowing that an experienced estate administration lawyers are putting their best efforts into helping you.

An experienced Estate Litigation Lawyer focuses on assisting people in circumstances that are often too complex to resolve on their own.

After the death of a loved one, families are often left with grief and uncertainty. These emotions can lead to disagreements that result in complicated and destructive estate disputes, especially if there is a problem with the will. Estate litigation is frequently initiated near the start of the probate or administration process. It can also arise over how the executor administers the estate, the specifics of the inheritance in the will, or claims made by creditors.

At Montigny Munk Law Professional Corporation, our estate litigators are experienced trial lawyers who have represented clients in some of the most complex and high-profile trust, estate, and conservatorship disputes. They have extensive experience in probate courts as well as extensive knowledge of the complex law and procedures relating to probate and estate disputes.

OUR SERVICES

Our lawyers understands that feelings of betrayal, frustration, anger, and hurt often surface with estate matters, and she will work to guide you toward a resolution. Montigny Munk Law can help you with matters including:

Guardianship

The rights of individuals with capacity issues can also be protected by working with Guardians and other substitute decision-makers to ensure that they understand their obligations and the limitations of their powers.  When conflict arises between a guardian and an “incapable” individual, guardians need guidance to ensure they can deal effectively and fairly with the matter.

A guardianship is a legal arrangement in which an individual assumes legal responsibility for an adult who is unable to care for themselves due to mental incapacity. You can apply for guardianship for a person when they don’t have a power of attorney or if their attorney fails to or is unwilling to fulfill their duties. Our lawyers can help you protect your vulnerable loved ones by guiding you through your guardianship application.

• Representing individuals before the Superior Court of Justice to obtain, terminate or vary a Court-Appointed Guardianship
• Representing “incapable” persons as section 3 counsel
• Mediating relationships between persons with capacity issues and their guardians, attorneys or other substitute decision makers
• Guiding persons who wish to become guardians or substitute decisions makers
• Advising substitute decision makers to ensure they carry out their functions properly
• Advising people who wish to provide for an incapable relative in their will

We represent persons with capacity issues before boards, tribunals and the courts to ensure that their rights are protected and that any imposition on their decision making rights, such as the appointment of a Guardian, is done in a way that least restricts the individual’s autonomy.

(We will accept legal aid certificates to represent an “incapable” person seeking to terminate or vary a guardianship).

Fiduciary claims

A fiduciary is someone who manages money or other assets on behalf of another person. Fiduciary claims occur when the beneficiaries of an estate and a fiduciary—a trustee, executor, or agent—disagree about the fiduciary’s acts and decisions. Trusts and estates is a highly specialized area of the law, and it is critical that your legal counsel has extensive experience in estate litigation and fiduciary advisory services. Montigny Munk Law Professional Corporation is uniquely qualified to handle all kinds of fiduciary disputes.

Will disputes

Sometimes, beneficiaries can apply for estate litigation when they feel that the will doesn’t reflect the testator’s true wishes. If there is doubt about the validity of a will, contesting it in court can help ensure the proper distribution of the estate. Beneficiaries can contest a will if they believe:

• The testator didn’t have the required mental capacity
• The testator was coerced into writing the will
• The will was forged

Our estate lawyers are compassionate and highly skilled, and will do everything in her power to make sure that you get what you are rightfully owed as a legal beneficiary.

Trust administration disputes

As a beneficiary of a trust, you may not be sure if your trustees are carrying out their duties correctly. If you have questions about the trust administration, you can apply for estate litigation. To better understand your rights and ensure your interests are protected in court, you might need legal help. Our experienced Montigny Munk Law Professional Corporation estate litigation lawyers can help you understand the difficult legal issues involved in a trust administration dispute, explain your legal options, and work closely with you until the dispute is resolved.