Last Will and Testament

Probate Lawyer in Calgary

Life can be complicated, especially after the loss of a loved one. A probate lawyer can often help manage the legal aspects of an individual life after they have died. A probate lawyer manages the filing of the last testament or will of a deceased individual. Basically a probate lawyer is an estate or a trust lawyer. Probate actually means to provide a will, establishing validity, to the claims on the estate.

The key question however is, do you need a probate lawyer to dispose of and disperse the assets of an estate – and the simple answer no. If the estate of the deceased is not overly complex and you are prepared to do some research as well as put in the time and effort necessary to probate the estate, then you should be able to complete the probate on your own accord. In fact, many people actually probate estates without engaging a lawyer. A large number also engage lawyers merely to watch over their shoulder as they go through the process to ensure no wrongdoing on your part caused a loss to the estate.

However, because one little mistake could set an executor back months, the vast majority of people tend to engage lawyers for the purpose of assisting them with the probate process – especially if there are multiple assets and recipients. Sometimes there are some wicked disputes that arise from the disposition of property.

Generally, you have to probate a will in Alberta if:
  • There is no surviving spouse as a joint tenant.
  • The assets, notably real estate, are in the name of the deceased only.
  • There is a substantial amount of money in bank accounts and other investments.
  • There are questions about the validity of the will, or there is no will.
  • The estate is the beneficiary of benefits from registered retirement plans.

Far too many people do not think about finding a probate lawyer until someone has passed away rather than allowing time to shop around for the lawyer who will best represent their interests – like the professionals at Housecall Wills and Estates. An experienced lawyer will immediately know what needs to be done to probate an estate, and will be able to ensure that all the boxes are ticked and that there will be no unnecessary delays in the process arising from the executor’s inexperience. As such, while it’s not necessary to engage a lawyer, it can often be very beneficial in terms of ensuring a smooth and quick winding up of the estate and protecting you from allegations and claims of wrongdoings.

If you have questions about estate planning, living wills, and probate to protect your family, and secure your assets while you are still able and capable of making those decisions, then contact Housecall Wills and Estates at 403-516-2211 today to secure your family’s future. With over 18 years of experience practicing law in Calgary, we also make house calls - at your home, workplace, hospital room, or another location that best meets your needs.
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