Looking for an affordable and dependable estate administration lawyer in the Greater Toronto Area? Our Toronto-based firm is dedicated to providing top-notch legal services to meet your needs. Let us guide you through the complexities of wills, real estate transactions, legal forms for buying or selling property, or estate administration. We are committed to providing you with the support and expertise you need to navigate these important matters.
Estate administration lawyers, also known as probate lawyers or estate planning attorneys, specialize in assisting individuals with the legal process of settling and administering estates after someone has passed away. Their primary role is to guide and represent the executor or personal representative of the estate throughout the probate process. Estate administration lawyers play a crucial role in simplifying the complex legal procedures involved in settling an estate. By leveraging the expertise of Duensing Law, you can ensure that the deceased person’s final wishes are carried out, debts are settled, and assets are distributed appropriately.
Key tasks estate administration lawyers handle:
Probate Proceedings
Estate administration lawyers help navigate the probate court system and guide the executor through the legal requirements. This includes preparing and filing the necessary documents, such as the will, petitions, and inventory of assets. Probate proceedings refer to the legal process that takes place after someone passes away to settle their estate. It involves validating the deceased person’s will (if one exists) and distributing their assets to the designated beneficiaries or heirs. The probate process is typically overseen by a probate court or a similar judicial authority.
The first step is to determine the validity of the deceased person’s will. If there is no valid will, the estate is considered intestate, and the distribution of assets will follow the laws of intestacy. If the deceased person named an executor in their will, the court will appoint that individual to be responsible for administering the estate. If there is no named executor or no will, the court will appoint an administrator to fulfill this role. The executor or administrator will compile a comprehensive inventory of the deceased person’s assets, including real estate, bank accounts, investments, personal belongings, and other properties.
Outstanding debts and claims against the estate are addressed during the probate process. The executor ensures that all valid debts are paid off before distributing the remaining assets to the beneficiaries. Once all debts, taxes, and expenses have been settled, the executor proceeds with distributing the remaining assets to the beneficiaries as outlined in the will. If there is no will, the distribution is determined according to the laws of intestacy. Throughout the probate process, the court provides oversight to ensure that everything is carried out in accordance with the law. The executor or administrator may be required to file periodic reports and accountings with the court, documenting their actions and the status of the estate.
Asset Identification and Valuation
They assist in identifying and valuing the assets owned by the deceased, including real estate, bank accounts, investments, business interests, and personal property.
Creditor Claims
Estate administration lawyers help handle any outstanding debts or claims against the estate. They notify creditors and review claims to determine their validity and negotiate or resolve them.
Estate Distribution
These lawyers work closely with the executor to ensure that the estate’s assets are distributed according to the decedent’s wishes as stated in the will or as mandated by the laws of intestacy if there is no will.
Tax Matters
They provide guidance on estate tax issues, including preparing and filing estate tax returns and minimizing tax liabilities for the estate and beneficiaries.
Resolving Disputes
Estate administration lawyers help resolve any disputes or conflicts that may arise during the probate process. This could involve challenges to the validity of the will, disputes among beneficiaries, or disagreements regarding the distribution of assets.
Legal Advice and Counsel
Throughout the estate administration process, lawyers provide legal advice and counsel to the executor, ensuring compliance with applicable laws and regulations.
About Duensing Law
Matthias Duensing specializes in trusts, estates, real estate, wills, and succession law in Toronto. His extensive experience covers a range of legal services within these areas. In the realm of wills and estates, Matthias excels in the preparation of wills, powers of attorney, and trusts. He provides valuable guidance to estate trustees throughout the estate administration process, including probate matters. When it comes to real estate, Matthias offers sound advice to clients regarding the sale, purchase, and refinancing of both residential and commercial properties. His expertise in this field is further demonstrated through his contributions to reputable publications such as The Lawyer’s Daily and Advocate Daily, where he frequently shares his knowledge on current wills & estates and real estate topics.
With his comprehensive understanding of trusts, estates, real estate, wills, and succession matters, Matthias Duensing is well-equipped to provide exceptional legal services tailored to meet the needs of his clients in Toronto. Whether you’re in need of assistance with real estate matters, wills and estate planning, guardianships, probate procedures, powers of attorney, or estate and trust litigation, our experienced team is here to help.
Your Next Steps
We understand that each client has unique circumstances and concerns. That’s why we take the time to listen and address your specific needs. If you have any questions or require any of our services, don’t hesitate to get in touch. You can reach us by phone or simply fill out the contact form on our website, and we’ll respond promptly. For expert legal assistance, call Duensing Law at 416-601-4769 today!
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