Summit Legal Group wins the 2024 Top Choice Award for Wills and Estates Law Firm!

UPDATE (January 11, 2024)

We are pleased to announce that Summit Legal Group WON the 2024 TOP CHOICE AWARD for WILLS & ESTATES LAW FIRM!

Check out all the 2024 Winners here.

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Summit Legal Group is pleased to announce that once again, we have been selected by the prestigious Top Choice Awards as a nominee for the “Top Choice Wills & Estates Law Firm” of 2024!

This nomination is a testament to all the hard work and dedication of our team, providing high-quality legal services in wills and estates. Each of our lawyers and our Certified Executor Advisor are committed to providing our clients with top-notch legal expertise and advice. Our lively and engaging staff are passionate about helping clients navigate estate planning, trusts, and other services related to wills. With our experienced team behind us, we feel confident that we can achieve this great honour!

We invite you to join us in celebrating this incredible opportunity by casting your vote today to help make us YOUR TOP CHOICE!

VOTE HERE: https://topchoiceawards.com/vote?survey_id=V0uE4zGn

But wait, there’s more! By simply voting, you automatically enter a draw with a chance to win one of four incredible $500 cash prizes generously offered by Top Choice Awards!

Stay tuned for further updates and exciting developments on our journey to victory!

I Have No Assets, Do I Still Need a Will?

When you hear the word “estate,” you tend to think of wealth, property, and assets. As such, people assume that creating a Will is only necessary for the wealthy. Regardless of your financial status or age, having a Will is an essential component of your life planning strategy.

Protecting Your Loved Ones: Your Will enables you to specify your wishes for your children’s guardianship should something unexpected happen to you. Without a Will, the courts decides and manages decisions regarding their well-being.

Protecting Your Digital Estate: In today’s technological era we have various digital assets including social media accounts, web domains, crypto currency emails, and online storage. Assigning someone you trust as the executor of these accounts in your Will can save your family members from a lot of stress and difficulties.

Ensuring Quick Dispensation of Your Assets: When someone dies, the process of dispersing the estate could take years. With a Will the process to can be more convenient and faster for your family members.

Trust and Peace of Mind: A Will is a way to provide reassurance and support for your loved ones by providing clarity and ensuring distribution of your estate is according to your wishes.

Flexibility: A Will does not take effect until your death, so you can modify or revoke your Will anytime you wish while you’re alive.

A Will is essential for everyone—not only the wealthy. A Will is a valuable component of a well-structured life plan. It’s a symbol of your love and care for your loved ones and proves invaluable to ease their difficulty when you’re gone. So don’t hesitate, make your Will and provide peace of mind to those who matter the most to you.

Craig Gorham
Certified Executor Advisor

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. You can reach Craig directly at 587-393-2069 or craig@summitlegalgroup.ca.

Fast Track Grant Approval

Grant application approval

In our recent bLAWg post, we shed light on the typical time frame for a Grant of Probate or Administration approval. However, you may find yourself in a situation that calls for a quicker turnaround. Here’s how you can help expedite the process to fast track the grant approval:

  1. Enlist the right expertise: Choosing an experienced firm is key. Interpretations of the Wills and Succession Act (Alberta) and Surrogate Rules (Alberta) are ever-evolving, even if the regulations themselves don’t change. Outdated techniques may not be applicable today. At Summit Legal Group, we stay abreast of these changes and are consistently in touch with the Surrogate section of the Court to ensure our applications align with the current expectations.
  2. Full disclosure is the best approach: Before we start, we circulate a comprehensive questionnaire to the proposed executor. This information gathering is crucial as minor mistakes can lead the court to reject it. Simple errors such as such as misspelled names or incorrect addresses can cause delays. The application is sent back to us for revisions before we can resubmit the application to the court. Plus, we can only guide you based on the information you provide. Therefore being as thorough as possible in your responses allows us to assist you better.
  3. Ensure you have a valid will: Make sure you and your loved ones have valid wills. As we’ve highlighted before, grants eligible for electronic submission can often be approved in a matter of weeks, instead of months.

Don’t let the process of obtaining a grant slow you down. Reach out to Summit Legal Group’s team of skilled Estate professionals today for efficient and cost-effective Estate solutions. Let us help you navigate this journey with speed and precision with the hopes to fast track the grant approval process.

Craig Gorham
Certified Executor Advisor

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. You can reach Craig directly at 587-393-2069 or craig@summitlegalgroup.ca.

Avoid the Risks: Pros and Cons of Buying and Selling a House on the Same Day

Buying and selling a house or property on the same day can seem like a convenient and hassle-free approach, right? In a perfect world, it makes sense. However, if you’re considering simultaneous closings, there are a few things to keep in mind. While there are certainly benefits that come along with simultaneous closings, there are also some potential risks and pitfalls that can make the process less than ideal.

In this blog post, we’ll explore the pros and cons of simultaneous closings when purchasing or selling a home. We’ll take a closer look at the benefits and drawbacks of this approach. Then you can better understand what you’re getting yourself into and make an informed decision that’s right for you.

Pros of Simultaneous Closings:

One of the biggest benefits of simultaneous closings is that it can be more convenient and cost-effective than traditional sales. For example, if you’re purchasing a new home and want to sell your current one, simultaneous closings can help you avoid paying two mortgages at once. Additionally, you’ll will have one mortgage payment after both transactions closing, which can save you a lot of money in the long run.

Another pro of simultaneous closings is that it can save you time. Instead of dragging out the process over several weeks or months, you can complete both transactions on the same day. This can be especially advantageous for people who are in a hurry to move and don’t want to wait around for a buyer or a seller to come through.

Cons of Simultaneous Closings:

One of the biggest drawbacks of simultaneous closings is that they require a significant amount of coordination and timing. Any unforeseen circumstance in legal or financial issues can cause significant delays and impact the transaction closing on time. There is just no margin for error.

Additionally, there are certain situations where simultaneous closings may not be possible. For example, if the buyer needs to secure financing, but the sale of their own home is not yet final, they may not be able to close on their new property until the old one is sold. If either transaction falls through, everything else falls through with it – leaving you back at square one.

Another potential drawback of simultaneous closings is that they can be more stressful and overwhelming than traditional sales. You’re dealing with two properties, two sets of negotiations, two sets of paperwork, and two separate closing procedures. This can be a lot to handle, especially if you’re unfamiliar with handling complex real estate transactions.

One of the most common risks for delays is obtaining funds from the buyers’ lender, which could result in the delay of a few hours or even a whole day.

Or, failure to obtain proof of insurance required by the lender could result in a delay in closing the sale.

Other possible risks could include issues with property inspections, appraisals, or with the title clearance, which could also cause delays.

This can lead to a chaotic situation where agreements need to be made quickly, which can cause anxiety and stress for buyers and sellers.

Our recommendations?

  • Avoid having your purchase and sale transactions close on the same day if possible.
  • Minimize potential disruptions by arranging any third-party services such as cleaners or movers on any day except possession day.
  • Have a contingency plan in case the closing is delayed.  
  • Have a backup living arrangement or storage unit for your belongings.

While simultaneous closings can be beneficial under the right circumstances, they’re not always the best or safest option. Take the time to weigh the pros and cons of this approach, so you can make an informed decision that’s right for your situation.

Ultimately, if you’re considering simultaneous closings, it’s always a good idea to consult with a qualified real estate lawyer so that they can help you understand the specific steps, risks, and timing demands involved. With expert guidance and planning, you can mitigate risks and increase the chances of a successful and complication-free simultaneous closing.

The Essential Guide to Navigating Probate Without a Will

Have you ever wondered how to navigate probate when there’s no will left behind? Although the process may seem complex, understanding it is simpler than you think.

Probate, as we’ve previously covered in this post, is a procedure for settling an estate after someone passes away. But what happens when no will is left behind? While the term ‘probate’ might not strictly apply, a comparable process comes into play. Known as a Grant of Administration from the Surrogate section of the Court of King’s Bench of Alberta, you would submit an application to the court. This empowers the estate’s executor, also known as a Personal Representative or Administrator, to manage and distribute the estate as they would under a standard probate process.

You might be asking: “What’s the difference between probate and administration?“

The answer lies in the details. Both processes end with an executor named and a plan for distributing the deceased’s assets. The crucial difference is that without a will, the deceased has no say in who becomes the executor or how their estate is divided. In essence, the Alberta Courts assume that if the deceased didn’t prepare a will, they did not have specific preferences about their estate’s distribution.

Applying for a Grant of Administration for an intestate estate (an estate without a valid will) can certainly be more challenging than probate. But with the right guidance, it’s a mountain that can be climbed.

At Summit Legal Group, our mission is to empower you with the insights and expertise needed to navigate this journey successfully. We invite you to reach out to our compassionate and experienced estate team for a complimentary initial consultation.

Begin your journey with confidence and peace of mind – contact Summit Legal Group today. Remember, you don’t have to go through this process alone; we’re here to guide you every step of the way. Click here to book your free consultation now.

Craig Gorham
Certified Executor Advisor

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. You can reach Craig directly at 587-393-2069 or craig@summitlegalgroup.ca.

Get Answers to Your Probate Questions: How long does it take?

A frequently asked question from executors pertaining to securing a Grant of Probate or Administration is: ‘How long does the process take?’ (a close second to ‘What’s the cost?’). Thankfully, the era of drawn-out applications leading to postponed distributions to beneficiaries is mostly a thing of the past. Currently, over half of our probate applicants receive their approved grant within 30 days of their first consultation with our office – however it hasn’t always been that way.

In April 2022, the Court of King’s Bench of Alberta unveiled a new system for submitting and approving probate and administration grants in Alberta. This system, which came into effect on June 14, 2022, modernized the process by doing away with the old ‘NC Forms’ and introducing the simplified ‘GA Forms’. Furthermore, the new Surrogate Digital Service now enables members of the Law Society to file probate applications electronically, phasing out the traditional paper submissions.

Prior system was slow

Looking back, it’s helpful to gauge how far we’ve come. Before the changes, we analyzed all grant applications filed by Summit Legal Group at the Calgary Courthouse from January 1, 2021, to June 13, 2022. During that period, the average time between the Court ‘filing’ the application and notifying us of the grant’s approval was 89 calendar days. This, however, varied significantly with some applications getting approved in as short as 28 days and others taking as long as 193. In our experience, applications sent to the Edmonton Courthouse took longer than average to get approved while those sent to smaller city Courthouses (Lethbridge, Red Deer, etc.) usually received faster approvals.

Digital submissions are fast

Fast forward to today and the effects of the digital submission system are overwhelmingly positive for our clients. Probate applications processed during the first year of the digital service have seen an average turnaround of only 15 calendar days from the time the Clerk accepts the application until we receive approval. We’ve even seen approvals within 3 days, although we generally advise clients to anticipate 2 – 3 weeks.

Improvements with analog submissions too

On the other hand, not all applications are eligible for submission via the Alberta Court’s digital service, including all cases where the deceased did not leave a will, known as a grant of Administration, and a small percentage of probate applications. Nevertheless, the approval process has sped up here in Calgary too, with the average approval time now down to 78 calendar days – almost a two-week improvement on the old system.

With multiple lawyers in house, along with a Certified Executor Advisor, Summit Legal Group is uniquely qualified to assist you with all of your probate and estate administration needs. Please contact us and you’ll find out why we’ve earned more than 170 5-star google reviews.

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. Craig can be reached directly at 587-393-2069 or craig@summitlegalgroup.ca.

What is Probate?

Merriam-Webster defines probate as “the act or process of validating, through a competent judicial authority, a document presented for official acknowledgment and registration as the final will and testament of a deceased individual.”

But what does that mean in a practical sense?

As an executor, you may face challenges with accessing the deceased’s funds. Likely, their bank or another institution that the deceased’s funds cannot be released until you secure “Probate”. However, they typically don’t provide much further guidance apart from recommending you consult with a lawyer.

The following are key elements involved in the Alberta probate process:

1. The original signed will of the deceased is presented to the Surrogate section of the Court of King’s Bench of Alberta (the “Court”). Accompanying this submission is an application containing information about the deceased, the proposed executor(s), all beneficiaries named in the will, and any individuals with potential claims against the estate as well as a document substantiating the deceased’s death. This application includes an oath sworn by the applicant, affirming the accuracy of the provided details and of their comprehension of an executor’s duties and responsibilities.

2. The proposed executor affirms to the Court that all individuals who are required to be informed of the estate’s administration have been served the necessary documents.

3. A clerk of the Court examines the application and the will, then performs due diligence to verify the accuracy and completeness of the provided information. If any shortcomings are identified, the clerk returns the application and the Will to the applicant. They include requesting corrections be made before resubmission.

4. Once the Clerk is satisfied, the application is forwarded to a Justice of the Court. This Justice conducts additional scrutiny to validate the will, following which, if approved, they issue the ‘grant of probate.’ The grant identifies the executor(s) (referred to as the estate’s Personal Representative) and signifies to any third parties that they have been authorized by the Court to manage the assets of the deceased.

While this overview makes things look simple and straightforward, at Summit Legal Group we know that the process can be confusing… even overwhelming for the executor involved. Please reach out for a no obligation consultation to answer your questions and to provide you with some relief and guidance.

Craig Gorham
Certified Executor Advisor

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. You can reach Craig directly at 587-393-2069 or craig@summitlegalgroup.ca.

A Comprehensive Guide to Managing a Deceased Person’s Online Presence

If you’ve found yourself in the role of an executor, executrix, personal representative, or administrator, you’re likely facing a myriad of responsibilities in administering an estate. Thanks to many law firms, financial institutions, and the Canadian Institute of Certified Executor Advisors, you have access to plenty of organized lists—often free of charge—to help guide you.

However, one frequently overlooked area is managing the deceased’s online accounts and social media profiles. These assets, although more personal in value than financial, are crucial to address. In this guide, I’ve reviewed the most popular online sites and social networks in Calgary, Alberta, Canada and gathered instructions on to help you manage each platform’s specific processes.

Managing Facebook Accounts Posthumously

Facebook, the globally renowned social media network, has a dedicated page in their online help center to manage a deceased person’s account. They offer the option to memorialize an account, or to remove it if necessary. You can access Facebook’s guidelines here.

Google Accounts: Gmail, YouTube, Blogger and More

Google, home to popular services like Gmail, Blogger, and YouTube, allows users to pre-set administration preferences for their account upon their incapacitation or death. You can access their Inactive Account Manager here. If the deceased did not have this service set up, you can request the closure of the deceased’s accounts here.

Microsoft: Outlook, Hotmail, Onedrive

Microsoft requires a Court Order to modify an account posthumously, otherwise, they close accounts automatically after 2 years of inactivity. Learn more about their policies here.

LinkedIn Profiles After Death

LinkedIn allows the court-appointed executor to either memorialize or close the account on behalf of the deceased. Find out how to manage a LinkedIn account posthumously here.

Instagram: A Unique Approach

Instagram, although owned by Meta Platforms, has a separate process for managing the account of a deceased. Discover their guidelines here and here.

Twitter Policies for Deceased Users

You can request the removal of a deceased family member’s profile by providing relevant documents to Twitter. Learn more about their process here and here.

Apple: Providing a Legacy Contact

Similar to Google, Apple allows users to designate a Legacy Contact who will manage their data after their death. Learn more about Apple’s policies here.

Pinterest: A Closer Look

Pinterest, one of the internet’s most popular image-sharing services, is a bit more reserved about their procedures. You can find their account closure policy here.

In Summary

We hope this comprehensive guide will assist you in your duties as an executor, particularly when dealing with online platforms. Did we miss any platforms? Please let us know and we’ll include it in a future update.

At Summit Legal Group, one of Calgary’s top-rated law firms, we have the expertise to assist you with estate-related needs, from planning your own estate to applying for a grant of probate or grant of administration with the surrogate court. Get in touch to discover how we can support you.

Author

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. Craig can be reached directly at 587-393-2069 or craig@summitlegalgroup.ca.

Everything You Need to Know about City of Calgary Property Taxes (Due June 30)

As homeowners, one of the responsibilities that we have is to pay our property taxes on time. It’s an annual expense that we can’t ignore, and it’s essential that we understand what we’re paying for and when it’s due. In this blog post, we’ll explore essential information about City of Calgary property taxes due. We’ll talk about what property taxes are, where your tax money goes, how much you need to pay, and when the deadline is. We hope that you’ll have a better understanding of your property taxes and feel confident about paying them on time.

What are Property Taxes?

To understand what property taxes are, we need to determine the value of our property, which is assessed by the City of Calgary. The assessed value of your property determines how much you will pay in property taxes each year. Property taxes are used to fund the services provided by the city, such as waste and recycling collection, police services, fire services, and more. The amount that you pay in property taxes each year is based on the assessed value of your property and the tax rate in your area.

City of Calgary landscape

Where does your Tax Money Go?

When you pay your property taxes, it goes towards funding various programs and services provided by the city. The city uses the funds to enhance the beauty of Calgary city, maintain Calgary’s streets, keep neighborhoods clean and safe and promote economic development in the city. Additionally, your tax money goes towards funding essential services such as police, fire, and emergency services.

How much do you need to pay in Property Taxes?

You can calculate the amount that you pay in property taxes each year by multiplying your assessed property value by the tax rate in your area. To find out how much you owe, you can use the tax calculator available on the City of Calgary’s website. It’s important to note that property taxes are due annually. You can choose to pay in one lump sum or through installments.

When is the Property Tax Due Date?

The property tax due date is at the end of June each year. However, the Province of Alberta Land Titles Office (LTO) is experiencing delays in processing ownership and mailing address changes. As a result of this, some new owners will not receive their new annual property tax bills.

Non-receipt of the property tax bill does not exempt owners from late penalty fees.

Property owners who have not received their property tax bill by the end of May must call 311 (or 403-268-2489 if outside of Calgary) to obtain an up-to-date statement of account.

Tax Instalment Payment Plan (TIPPS)

You can join the Tax Instalment Payment Plan (TIPPS) to avoid delays and potential penalties by making smaller monthly payments instead of one large sum.

If you have not joined TIPPS, please ensure you pay the balance in full by June 30, 2023 to avoid penalties.

What happens if you don’t pay your Property Taxes?

The City of Calgary will charge you a penalty and interest on the outstanding balance. If you’re unable to pay your taxes by the deadline, you can enroll in one of two city programs – the Tax Instalment Payment Plan (TIPP) or the Property Tax Assistance Program (PTAP).

Paying your property taxes on time is an essential responsibility of homeowners. It is essential to understand your property taxes, where your money is going, and how much you need to pay so you can meet your obligation. Property owners in Calgary have an additional three months to pay their taxes, allowing them to plan with their budget. Remember, you can enroll in the TIPP or PTAP payment plans to avoid penalties and interest charges. With these tips, paying your property taxes on time will be an easy feat.

What you need to know: Selling a house with a Power of Attorney

Power of Attorney

Selling a house can be a stressful and time-consuming task with many moving parts. While there are professionals available to help you, it is important you understand the process so that you can seek the assistance you need. One key element in the selling process is executing a Power of Attorney (POA) where required. A POA designates someone else’s authority over property or other personal matters should physical or mental disability prevent you from making decisions —in this case when it comes to selling your house. 

In this post, we’ll discuss what you need to know regarding using a POA for selling a house. We outline why you need one in certain circumstances to how you go about selecting someone who will serve as your Power of Attorney while carrying out the instructions outlined in the document. So read on if you want more detailed information about Powers of Attorney and how they apply to real estate transactions.

To sell a property in Alberta, you would typically need a specific type of power of attorney called a “Property Power of Attorney” or “Real Estate Power of Attorney.” This legal document grants someone else the authority to act on your behalf in real estate matters, including the sale of property.

To obtain a power of attorney to sell a property, you will need to follow certain steps and requirements. Here’s a general guide to help you understand the process:

Choose an attorney or agent: Select someone you trust to act as your attorney or agent in the power of attorney document. This person will have the authority to sell the property on your behalf.

Consult a lawyer: It’s advisable to consult with a lawyer who specializes in real estate or estate planning. They can ensure your Power of Attorney is legally sound and meets all the necessary requirements in your jurisdiction.

Draft the power of attorney document: Work with your lawyer to draft the power of attorney document. The document should clearly state your intention to grant your attorney or agent the authority to sell the specific property.

Specify powers and limitations: Clearly define the powers and limitations you want to grant to your attorney. Specify that their authority is limited to selling the property and any related matters, such as signing necessary documents, negotiating terms, and transferring ownership.

Include property details: Provide detailed information about the property, including its address, legal description, and any other relevant details that help identify it uniquely.

Sign the document: Once the power of attorney document is drafted, review it carefully and make sure you understand its contents. Sign the document in the presence of a notary public or a witness, as required by your jurisdiction’s laws.

Notarize the document: Depending on your jurisdiction, you may need to have the power of attorney document notarized. This typically involves signing the document in the presence of a notary public who will validate your identity and witness the signing.

Provide copies to relevant parties: Make copies of the executed power of attorney document and provide them to the relevant parties involved in the property sale, such as real estate agents, lawyers, or title companies.

In conclusion, it is important to understand all the nuances around a Power of Attorney and why you may need one for real estate transactions.

A Power of Attorney is an essential document to have when it comes to managing any real estate transactions. Whether you are refinancing a current property or purchasing a new one, having a Power of Attorney already set up makes the process easier and smoother. With the various options you can choose from, enabling someone else to act on your behalf if needed is more convenient and just as secure when you use the right person for the job. If you would like complete assurance that your Power of Attorney is legally binding and accurate, contact a real estate lawyer at Summit Legal Group today for help in setting one up.

Don’t wait – take control of your finances by creating your own personal Power of Attorney now. The steps are simple and the benefits immense, so why not get started? Reach out to us to guide you through the process and craft a legally sound Power of Attorney tailored to meet your needs. Act now for peace of mind tomorrow!