Purchase of Home:
The lawyer’s role consists of obtaining the necessary title and legal searches to ensure you receive clear title to your property, free from encumbrances.
The lawyer also communicates with the mortgage company to obtain, prepare and register your mortgage documentation.
The lawyer will explain the different ways to take title to your property (joint tenancy or tenants in common), explain what title insurance is and why you may wish to obtain coverage.
The lawyer will ensure you understand fully all of the documentation you will be executing to complete your purchase transaction.
The lawyer is also required for the exchange of closing documentation, funds and keys as well as for the registration of your title documentation.
The lawyer will provide written reports to the mortgage company and the client upon completion of the transaction.
Joint Tenant or Tenants in Common:
You may take title in two ways: as joint tenants or as tenants in common.
The main difference is that joint tenants have the right of survivorship while tenants in common do not.
If a property is taken in more than one name, as joint tenants, and one of the registered owners dies, the property will revert to the remaining named joint tenant by right of survivorship.
If the property is held as tenants in common, upon the death of a registered owner, that owner’s share in the property reverts to the deceased owner’s estate, which will share ownership with the remaining registered owner as a tenant in common.
Title Insurance:
It is a mistake to believe that title insurance is a substitute for a survey. Title insurance is simply just ?insurance? and should not be regarded as a substitute for the information that a survey can reveal.
It can be viewed as a backup position which can help to rectify issues; however, it is not an appropriate substitute for the warnings that a survey can provide which could identify that something is wrong with the title.
This could include things like an encroaching structure, deck or fence, or the fact that a neighbor owns part of the land. By only purchasing title insurance, any problems that may have been disclosed in a land survey are simply just passed on to the new purchaser.
Why should I title insure my property?
Title insurance protects your ownership interest (i.e.: title) of your property from losses incurred as a result of unknown title defects or other covered matters that exist at the time of your purchase, but are unknown to you at that time.
Title insurance will cover both you, the property owner, and any mortgagees. The premium for title insurance is only paid once and is valid for the duration of your ownership of the subject property.
The cost of the premium is often offset by the savings from reduced searches performed by the lawyer and the insurance coverage is more expansive than just a lawyer’s opinion.
For more information on title insurance in Canada, go to http://www.fct.ca
Our business law team understands business owners’ drive for success, and provides tailored legal solutions and advice to make it happen. We consider risk, and seek viable solutions to help meet your objectives. We speak in plain English (the legal jargon stays in legal documents, where it belongs).
You’ll get a lawyer who will work to understand your business, your tolerance for risk, and your goals. Each corporate lawyer on our team focuses exclusively on this area. We have extensive transactional experience and industry-specific knowledge to provide you with innovative, cost-effective solutions.
We advise clients on:
Our clients range from new ventures to established businesses, in a variety of sectors, including healthcare and dental, technology, hospitality, real estate, construction, oil and gas, mining, land development, and manufacturing.
We take the time to understand your business. Having a single-contact lawyer who knows your history helps us create efficiencies, which means we’re up to speed and ready to help when you need it. We use our experience and extensive knowledge to bring you forward-thinking solutions.
We keep things simple and know when to scale up or down. You’ll get a fee estimate at the beginning and because we assign tasks to the right people at the right seniority levels, you aren’t paying higher fees unnecessarily.
You will also benefit from our network and connections, because we make introductions between our clients as often as possible.
You need a responsive lawyer who’s available to talk to you and will reply to emails quickly. We make sure you get that level of service throughout the process, which is why your lawyer handles all communication, ensuring nothing slips through the cracks.
Filing for Divorce
If you have been separated for at least one year, a divorce can be completed within 6 months if you’re not claiming for things such as custody or access, support, or division of property. The length of your divorce will typically be proportional the number and complexity of the issues.
Child Support
Child support is determined by considering the gross annual income of the paying parent and the number of children that are being supported. In Alberta, the Maintenance Enforcement Program (MEP) may help you collect child support payments owed.
The program, where applicable, may obtain directly from your ex’s employer, filing writs against property your ex owns, or the FRO can request that your ex spouse’s driver’s license be suspended. for more information, go to http://www.mep.gov.ab.ca
Custody
Joint custody refers to when both parents make major decisions about the children. Parents may have joint custody but may not necessarily have equal parenting time.
The child or children may be living full time with only one parent although custody is joint. Issues of parenting and child support must be determined by the Courts prior to the granting of a Divorce judgment.
Spousal support
This is a discretionary award depending on the means and circumstances of the parties.
The SSAG (Spousal Support Advisory Guidelines) calculator is a useful tool to have some idea of what a likely spousal support award might be.
If a settlement agreement has not been reached between the parties, the applicant’s spouse has to apply to the Courts to have a possible spousal amount awarded to her.
10 Reasons To Write A Will
You decide how your Estate will be distributed;
You decide who will take care of your Minor children;
To avoid a lengthy probate process and possible Estate litigation;
Minimize Estate taxes;
You decide who will wind up the affairs of your Estate;
You can disinherit individuals who would otherwise stand to inherit;
Make gift and donations to the Charities and groups of your choice;
Avoid greater legal challenges;
You can change your mind if your life circumstances change;
Because tomorrow is not promised but death is certain.
EXECUTOR
While it is an honor to be named executor, it can also be a great responsibility. Legal, tax and administrative issues can make the duties of an executor complex and time-consuming. Among their many duties, executors need to locate and assemble an inventory of estate assets, arrange for the sale of real estate, probate the Will, file up to five (5) tax returns, distribute the Estate and render accounting of their administration to the beneficiaries.
What are the duties of an Executor?
Duties vary greatly depending on the complexity of the Estate. However, even the least complex Estate requires attention from the Executor on a wide range of legal, tax and financial matters.
Locate, read and interpret the Will; Become familiar with the deceased’s financial affairs; Speak with the family and beneficiaries; Review insurance required on Estate assets; Redirect mail and cancel subscriptions
Gather the Estate’s assets: Contact financial institutions; complete claims for life insurance, company and government pensions Create an inventory of Estate assets;
Value all Estate assets; Manage investments.
Obtain probate from Court Instruct Solicitor to apply for probate; Pay probate fees to Court;
Obtain copies of Grant of Probate to deal with Estate assets; Administer the Estate
Close out bank and investment accounts, clear safety deposit boxes and collect insurance proceeds
Locate missing beneficiaries if necessary
Arrange for sale of real estate, if necessary, or transfer to beneficiaries;
Sell household and personal effects, if required; Advertise for creditors; Pay debts and defend claims;
Keep beneficiaries up to date on Estate progress; Prepare and file income tax returns; Obtain clearance from Canada Revenue Agency Distribute the Estate Pay legacies, other bequests and residue of Estate;
Prepare a final accounting of all assets, liabilities, expenses and distribution of assets for beneficiaries;
Have each adult Beneficiary approve this accounting and sign a Release form
Immigration to Canada
You may be wondering:
“How do I immigrate to Canada?”
“What are the immigration processes?”
“How do I apply for student visa?”
At BTU Law Group, we will have all your answers to your immigration needs.
We have the best and most passionate Calgary Immigration Lawyers and Consultants to guide you through your immigration processes to Canada whether it is for:
Moving to Canada can be both exciting and stressful especially for those unfamiliar with Immigration Law in Canada.
But, don’t worry! Our Calgary Immigration Lawyers and Staff are prepared to assist and support your immigration to Canada.
At BTU Law Group we understand the difficulties and the nerve-racking moments when moving to a new country and we are here to help you every step of your immigration application process.