ESTATE LAWYERS IN MONTREAL

Estate planning involves several tools and can even include estate law litigation. Goldwater, Dubé estate lawyers in Montreal can help.

ESTATE PLANNING LAWYERS IN MONTREAL


When estate planning is mentioned, many people think about creating a will. Although a will is an essential part, it’s not the only estate planning tool. Proper estate planning involves so much more.

Estate planning involves creating a plan to protect your assets upon death and distributing them according to your wishes. In addition to wills, it also includes tax planning, creation of trusts, disability planning, charitable giving, beneficiary designation, and other family and estate law matters. Montreal estate lawyers at Goldwater, Dubé can help you with these estate law legal problems.


ESTATES, WILLS & SUCCESSION


Upon the death of an individual, the property that they owned, or their succession has to be liquidated. In Montreal, Québec, as well as the rest of Canada, a liquidator is in charge of that procedure. Liquidating one’s estate can often be a challenging and long task.

Our estate lawyers in Montreal can guide you in pre-planning the succession of your estate by setting up trusts, wills and naming suitable executors. They can also help family members to settle the estate of a loved one who died without a will.

In some cases, estate litigation may be required. For example, in the event of disputing the will or understanding the deceased inheritance wishes. When conflicts occur, it is recommended to meet with a lawyer experienced in estate litigation, succession law, and inheritance law.


OUR FIRM CAN HELP


We will resolve disputes relating to wills, trusts, capacity issues, and estate and trust administration.

Our approach is to provide straightforward advice to our clients and to develop a strategy to achieve an efficient and the best possible solution, whether through litigation or arbitration.

Whether you are a high net-worth individual, beneficiary, or trustee, Goldwater, Dubé attorneys may be able to help.


HAVE MORE ESTATE LAW QUESTIONS?
CONTACT GOLDWATER, DUBE!


Goldwater, Dubé estate lawyers in Montreal can handle financial institutions, power of attorney disputes, contested passing of accounts applications, and provide other legal services.

We can help you plan your estate, taking into account the tax consequences and business or family issues that affect you.

OUR SUCCESSION AND ESTATE LAWYERS IN MONTREAL

Book a consultation online today. Call or message our Montreal law firm directly if your case is urgent.

ESTATES & SUCCESSION EXPERTISE

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Estate and tax planning: domestic and international

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Estate and trust litigation

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Wills

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Protection mandates

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Trusts

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Disability planning

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Regimes of protective supervision

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Elder law

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Family property matters

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Charitable giving

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Business succession planning

FREQUENTLY ASKED QUESTIONS ABOUT ESTATES AND SUCCESSION

WHAT IS THE AVERAGE TIME TO SETTLE AN ESTATE?
The time required to settle an estate can vary widely depending on several factors, including the size and complexity of the estate, the presence of a valid will, and whether there are any disputes among beneficiaries. On average, it takes about 6 to 12 months to settle a straightforward estate. However, more complex estates, those involving significant assets, multiple properties, or legal disputes, can take 18 months to several years to fully settle. Engaging an experienced estate lawyer in Montreal can help streamline the process and address any complications that arise.
HOW LONG DO YOU HAVE TO SETTLE AN ESTATE?
In Quebec, there is no strict legal deadline for settling an estate, but it is generally expected that the process should be completed within a reasonable time frame, often within one year from the date of death. This period, known as the “executor’s year,” allows the executor or liquidator to gather assets, pay debts, and distribute the remaining estate to beneficiaries. However, more complex estates or those with disputes may take longer. It is important to act diligently and efficiently to avoid potential legal issues or disputes among beneficiaries. Consulting with an experienced estate lawyer ensures the process is handled smoothly and within a reasonable time frame.
CAN YOU SETTLE AN ESTATE WITHOUT A LAWYER?
Yes, it is possible to settle an estate without an estate lawyer, but there are several important considerations:

  • Understanding Legal Requirements: You must have a thorough understanding of the legal requirements and processes involved in settling an estate, including probate procedures, tax filings, and distribution of assets according to the will or intestacy laws.
  • Executor or Liquidator Responsibilities: As the executor or liquidator, you are responsible for gathering and inventorying the estate’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries. This requires meticulous record-keeping and attention to detail.
  • Complexity of the Estate: The complexity of the estate can significantly impact your ability to settle it without legal assistance. Simple estates with straightforward asset distribution and no disputes among beneficiaries may be easier to handle on your own. However, complex estates with significant assets, multiple properties, or legal disputes may benefit from professional guidance.
  • Potential Challenges: Disputes among beneficiaries, unclear or contested wills, and complicated tax situations can arise during the estate settlement process. An estate lawyer in Montreal can help navigate these challenges and provide legal advice to avoid potential pitfalls.
  • Probate Court Procedures: In Quebec, certain estates may require probate, which involves court procedures to validate the will and authorize the executor or liquidator to act. Understanding these procedures is crucial to ensure compliance with legal requirements.
  • Tax Considerations: Properly handling tax filings, including the final tax return for the deceased and any estate tax returns, is essential. Mistakes in tax filings can lead to penalties and delays in settling the estate.

While you can handle many aspects of estate settlement on your own, seeking advice from an estate lawyer, accountant, or financial advisor for specific issues can be beneficial. Professional guidance can help ensure that you meet all legal and financial obligations.

BECOMING OUR CLIENT

All our client engagements start with an initial consultation with one of our lawyers who will assess your case, answer any questions you may have, and guide you through the next steps to take.

Should you decide to move forward, we will request a retainer to cover the cost of preparing your file, issuing your proceedings and going to court if necessary. Depending on the urgency of your situation, your needs and your desires, we are ready to prepare your proceedings the same day as your consultation.

We offer a range of attorneys with different levels of experience, different strengths and different hourly rates. We handle your file as a team, so that resources are allocated sensibly and your budgetary constraints are respected to the extent possible.

If your budget can only sustain the services of one of our more junior lawyers, your case will be treated with the same rigour and precision for which our firm is known.

If you have any follow-up questions, you are invited to contact us or book a consultation. We are just a click, a tap or an email away.

INQUIRE ABOUT YOUR CASE

Let us know about your legal issue. We will get back to you to help with your next step.

DO YOU NEED A LAWYER?

Make an appointment with a member of our team today.