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 

      

How will your estate handle conflict?

So many details to consider, and who has the final say;

When testators are considering the persons that they wish to act as their executors and trustees, consideration should also be given as to the manner in which the persons chosen will make decisions in the event that a disagreement or deadlock emerges among them.
Unless the testator indicates otherwise, executors and trustees must make decisions unanimously.  If a testator wishes to appoint multiple executors or trustees, then consideration should be had as to how those persons will make decisions.  Providing for majority decision-making is a common technique that is used in order to address any disagreements that may arise among multiple executors or trustees, but other situations may require other decision-making procedures.
http://www.allaboutestates.ca/estate-planning/executortrustee-decision-making-planning-options/

You need to ask and appoint responsible people to deal with your issues and requests.

I recently learned that if appointed, my heirs, would be responsible to conclude your estate. An incredible and time consuming hardship for the unprepared.