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When buying a home a frequent question is when do I get my key?
The answer is sometime between 11:00 AM and 5:30 PM depending on factors beyond my control. When am I going to actually get your mortgage money? When is the other lawyer going to be ready to close?
What is joint tenancy?
Joint tenancy is an undivided interest in property taken by two or more Joint Tenants. You each own the whole property so that the last person alive owns the whole property in the one name alone. It also means that the property is not part of the estate of the first to die. It must be properly set up. Call us for help.
Do Common Law Spouses have the same rights as Married spouse?
Absolutely NOT. This is the single most misunderstood area of Ontario Law. Common Law Spouses have almost no rights of any kind. You must get legal advice relating to your specific situation to se if you have any rights at all.
If my spouse gets sick can I look after them myself?
You can look after their medical needs and living arrangements. If you have a Joint Bank account you can use that for finances. To sell the house or look after any other financial matters you must have a Power of Attorney.
Can I write my own Will?
Legally yes. But to be a valid Will it has to meet legal requirements. Common words often have legal meanings so that what you want to do may not happen. Especially if beneficiaries argue which can be very expensive in court. And there are many other complications. For such an important document use a lawyer.
Do I need to use a lawyer to administer the will?
No. But the court forms and requirements are very strict. The court’s error messages are incomprehensible to most people. And if you make any mistakes in handling what is other people’s money it can become very costly to you. An Estates experienced lawyer can make sure that it is done properly.