Lets have the kids on as Joint Tenants so we save Probate fees

Real Stories from real people needing real solutions.

The concept is simple;  Someone somewhere over the fence said,  just add the kids to the title on the property, then when you pass the house automatically goes to them.  The Joint Tenancy will by pass all the requirements of Probate.

You probably waited until you were 75 + years old and are now alone in the house.....

THEM: Usually married with a home of their own.  But they could be in the throws of a divorce ( the joint tenancy become a bargaining chip) and OWNING A SECOND property, then selling will trigger CAPITAL GAINS TAX.

The Lawyer who created this was unaware of the TAX implications they would create for this family.  [They] did not recommend (ILA) independent legal advice nor offer waivers. The FAMILY did not seek tax planning advice. 

How much time has passed between the Signing of Joint Tenancy and disposition of Assets?  Does someone must ascertain the Mental Capacity of the SIGNATOR. [MOM]

Now we added the SENIORS HOME; Covid Lockdown and a POWER of Attorney.

MOM was moved to the Home, the house was placed for sale under the POWER of Attorney DOCS and everything then came to light.

I hope this passes thru with the Lawyers Blessings and proper disclosures.

These are real stories that need a MATURE and Experienced Guiding Hand. 

I am pleased that I have invested in additional training with the ASA, Accredited Senior Agent and  AEA Accredited Elite Advocate Programs, that permit me to see the pitfalls that could occur and bring them to light.  There are solutions and people to provide SAGE advice.  http://SellinginToronto.ca 

I hope we can meet and discuss your situation. 

http://Calendly.com/DavidPylyp 

      

Dad /Mom has dementia....we need to sell the house

The children have a POA (Power of Attorney for assets)  and Mom has been getting really ill lately.

WE MAY need to sell the house.

The owner of a property is very ill and family members have a POA and they go ahead and list it. If the owner passes away prior to the property being sold does anything change with the listing? Does it have to become the Estate of Deceased?

There must be an event (other than procrastination) that triggers the validity of the POA. This creates a medical (MOH) Form 21 Certificate of Incapacity under section 54(4) Signed by the attending physician.


If your parent was to pass away prior to the closing of the sale, the estate trustee, would arrange for a probate certificate.

As always, call an Accredited Senior Agent who has the answers that you need. Always seek a legal opinion for guidance.

David Pylyp
#Bythewater in Etobicoke