Documents Estate Planning Lawyers Say You Need for Your Estate Plan

Many people believe that estate planning lawyers can only help them with drafting a will or a trust. But really, they can do so much more. They can  draft living trusts, prepare powers of attorney, and put together health care directives. They can also help put a plan in place to protect your assets, recommend estate planning techniques to help lessen or avoid estate taxes, and ensure that your business, your property, and other valuable possessions are passed down to the right people and that your last wishes are closely met. Basically, what they do is help you through the entire process of estate planning.

Larry W. Keown

Drafting a will or trust is one essential part of estate planning. But, planning your estate involves drawing up these other important legal documents as well:

Powers of Attorney (POA)

This document is your written authority assigning one person to act on your behalf and conduct your affairs in the event of your disability.

An estate planning attorney may tell you that you need two different kinds of Powers of Attorney.

Powers of Attorney for Property - This type of POA can give the authorized person the power to transact real estate, enter into financial transactions and make other legal decisions in connection with your financial matters during your incapacity.
Powers of Attorney for Personal Care - This type of document gives the person you assign the power to make decisions on your behalf on matters relating to your medical treatment, admission to care facilities, and personal care and personal hygiene decisions if you are not capable of making these decisions for yourself.

Kelli Preston

Beneficiary Designations

It is important to assign appropriate beneficiaries for assets that “pass over” or “pass outside” the Will. These assets include:

• Joint assets
• RRSPs, RRIFs and TFSAs
• Life Insurance policies
• Informal trust accounts or Totten Trusts or payable on death (POD) accounts
• Savings, checking accounts, CDs, and brokerage accounts
• Living Trust assets
• Charitable gifts
• Business partnership shares

These assets don’t require probate and can be automatically passed to beneficiaries without it being distributed according to your will.

Health Care Advance Directive

This document is also sometimes called a Living Will and outlines detailed instructions for your end of life wishes, in particular your medical care and treatment decisions should you become incapable of deciding for yourself. It will help loved ones and medical professionals identify how you would like to be cared for in a terminal condition, a permanent coma or in a persistent vegetative state. It may provide instructions on whether or not you wish to receive artificial life-sustaining procedures or not.

Justin R. Winch

A Health Care Advance Directive is an important document because you cannot specify what type of medical treatment you want in a Last Will and Testament. This document will usually go hand in hand with a health care power of attorney, where you appoint another person to speak and act on your behalf.

Guardianship Designations

This document is especially important if you have minor children or are considering having children. This will allow you to formally appoint a person to act as guardian of your minor children and give him or her authority to make decisions on behalf of your minor children and be legally responsible for their personal affairs, health and well-being when you are no longer able to do so.

These documents, along with an irrevocable will, are all important to your estate plan. You may need more documents, depending on the laws of your province. Consulting with estate planning lawyers in your area can help you sort out critical questions about your state's regulations and how it may impact your situation.

Finding the Right Corporate Lawyer in Barrie for your Business

Hiring a good corporate lawyer in Barrie is critical for any sized business. Whether you are operating a start-up venture, a small company or a large corporation, legal matters that may arise throughout the course of your business can become a major expenditure, so it’s an extremely important decision.

Eric C. Taves

Many entrepreneurs are sometimes reluctant to hire an attorney for their business for a couple of reasons. One is that business owners balk at the costs, particularly since lawyers have become increasingly specialized. Another reason is that many fear that lawyers will over complicate every decision they make and will only stand in the way with the growth of their business.

They won’t hesitate to hire an accountant early on as they believe that the business has greater need for someone to help layout the organization’s chart of accounts, check financial records periodically, and prepare the required federal, state and local tax returns. They fail to see, until they are being sued, that a good business attorney can provide valuable legal advice in almost every aspect of the business.

In a nutshell, every business needs a lawyer for a number of reasons, including some of the following:

• Creating a corporation or LLC
• Putting together a partnership agreement
• Negotiating business and employment contracts
• Drafting common business contracts
• Buying or selling your business
• Obtaining  public or private financing
• Drafting internal business policies and procedures
• Filing tax returns, licenses and other legal reports
• Drawing up basic documents such as minutes of formal meetings, articles of incorporation and bylaws
• Negotiating lease of office or retail space
• Obtaining patents, trademarks, copyrights, and trade secrets 
• Dealing with franchise and distributorship issues
• Managing pending or potential litigation

When finding the right corporate lawyer, competence is, obviously, the most important factor to consider. Big corporations typically retain a large law firm that has top legal talents with ample resources and expertise in numerous fields of law. Though it costs a lot of money to secure their services, it can be more advantageous for the business in the long run to have all the legal skills ready and available under one roof and to be able to leverage on the influence and power the legal firm has in the local, regional and even the national legal community, particularly when your business is looking for financing sources or seeking partnership arrangements.

Michelle Greenwood

Small to midsize businesses usually hire a general business lawyer or a general counsel, who has solid knowledge and experience in many areas of law, including corporate law, partnership law, labor relations and employment law, tax, contracts and debt collection. Keep in mind, however, that a general counsel may not have all the skills your business may need to grow. At some point, a general practitioner may have to refer you to a specialist or to  two or three or even more attorneys which could result in an additional amount of legal costs over time.

Small businesses also have prepaid legal service plans as an available option. These plans provide quality affordable legal services which includes unlimited telephone legal consultations and routine legal tasks, such as drafting basic contracts and equipment leases.

Michael Reed

A good starting point for finding the right lawyer for your business is to ask relatives, friends and business associates to recommend one for you. Also, you can contact your local or state bar association or trade or professional organizations or chamber of commerce to ask for a referral. If you have acquaintances who are lawyers or paralegals, it’s good to ask them to recommend someone with the specialization you need.

Sooner or later, your business is going to need some type of legal representation. Finding a corporate lawyer in Barrie, who can anticipate and address the specific legal needs of your company, can prove to be a huge asset for your business.

Selecting the Best Toronto Insurance Defence Lawyer for You

A Toronto insurance defence lawyer is highly specialized in handling many different types of insurance claims. The most common types of claims that lawyers defend each year include:

• Car accident claims
• Homeowner's claims
• Health insurance claims
• Life insurance claims
• Workers' compensation claims
• Commercial claims
• First party insurance claims
• General claims
• Business insurance claims

Selecting the right lawyer to help you get a winning chance is a very important decision. The search does not have to be stressful, but you do need to do some work to make sure you hire the best person for the job.

Here are some things to think carefully about:

Is the lawyer an expert in your particular insurance claim?

There are all kinds of lawyers who practice in different areas of insurance law. For example, there are personal injury lawyers who are experts in dealing with insurance claims involving psychological or physical injuries caused by motor vehicle accidents, work accidents, assault claims, home accidents, dog bites, medical malpractice suit or product defect accidents. If your case involves permanent injuries or illness as a result of being injured on the job, a knowledgeable workers' compensation attorney will be able to provide the best legal representation for you. If you are in a dispute with your own insurance company because it has denied you coverage or turned down a valid claim without a legitimate reason or explanation, a bad faith insurance lawyer can help you recover the insurance benefits that you are entitled. Each type of claim can have many provisions and limitations and can be quite complex, so you need to find a lawyer who is experienced in that particular field of insurance law that you need help in to ensure that  he can obtain the maximum benefit for you.

Have you evaluated each lawyer on your list?

Once you know what kind of lawyer you need, you can identify three or four prospective candidates and then do some initial screening to compare their background and experience.
Find out everything you can:

• Their bio and profile to check if they are who they say they are.
• Review their educational background and any special training and/or continuing education to determine their expertise in the area of insurance law.
• Who do they primarily represent?
• What types of clients have they represented?
• Has the lawyer handled insurance cases similar to yours?
• Check if the lawyer is active in any community involvement as this will give you a sense of what values he upholds and if those values are similar to yours.
• Contact the local state bar association and the website of The Law Society of Upper Canada to find out if the lawyer is in good standing or has any unresolved concerns or complaints.
• Does the lawyer have any advertisements to promote his services? Are the ads professionally crafted or are they overly salesy?

Hire a lawyer with a local office

It’s also important to get a lawyer who has years of practice in the local region. One advantage when more local people know him is that many can attest of his good standing in the community. But the best benefit is that he knows the local prosecutors and is well-acquainted with the judges who will possibly preside over your case. Having years of courtroom experience in the region will give your attorney the familiarity he needs to evaluate every possible outcome of your case and advise you on the best chance of winning.

Whether you are involved in a car accident, have a medical malpractice claim, or are facing a serious criminal charge, the right Toronto insurance defence lawyer can help you defend your rights and make sure you get the best outcome. Be sure you make careful considerations before choosing legal representation so that your rights are protected throughout the legal process.

How Commercial Litigation Lawyers Can Help Your Business

Commercial litigation lawyers generally provide legal representation to clients who are involved in a business dispute. These disputes can be between different companies, or between companies and individuals.

Over the course of every business’ life-cycle there comes a time when they will get in a disagreement with individuals and other companies which must be resolved by the courts or by an arbitrator. Minor disputes can perhaps slightly disrupt business efficiency and can be talked through and settled out of court. However, major conflicts like financial matters, product warranty issues, and contract problems that may cause consequential damage to a company's reputation and bottom line need more complex legal analysis and transactions and require the expertise of a business litigation lawyer to solve the situation in a timely and cost-effective manner.

Commercial litigation attorneys can handle different types of cases pertaining to commercial law including:

• Breach of contract claims
• Banking transactions and fraud
• Restraint of trade claims
• Intellectual property cases
• Mergers and acquisitions
• Company and shareholder disputes
• Directors disputes
• Corporate management and restructuring problems
• Insurance claims and disputes
• Professional negligence claims
• Product liability matters
• Unconscionable conduct cases
• Unjust enrichments cases
• Civil cases for regulatory violations
• Misleading and deceptive conduct cases
• Disciplinary hearings before boards and tribunals
• Lease disputes
• Strata title disputes
• Collections lawsuits
• Securities law violations
• Employment disputes
• Injury claims
• Trade secret disputes
• Representations and warranties
When your business is facing litigation a commercial litigation lawyer can help you with the following services:

• Provide representation to your company and make sound legal arguments in a dispute to assert your rights and make a claim for damages
• Provide counsel regarding potential claims against you
• Attempt to resolve the dispute outside of court through alternative dispute resolution such as negotiation, mediation and arbitration
• Help manage risk and avoid litigation in transactions and negotiations
• Provide guidance on which court to file your case in and whether it needs to be advanced to the specialist tribunals, local court, district court, supreme court, the federal court and the high court
• Enforce a judgement and cost order
• draft and serve a statutory demand
• Handle insolvency matters such as personal bankruptcy, corporate liquidation and actions against directors
• Provide effective legal counsel in internal business disputes involving shareholders, directors, officers or even among owners and partners
• Draft the necessary legal documents should the dispute progress to formal proceedings
• Provide guidance relating to what your obligations are for responding when a case is filed against you
• Handle the discovery process, conduct investigations, and interview witnesses to strengthen your case
• File necessary civil or criminal lawsuit against offending parties

Going to court can be very stressful and difficult for any business. If matters get complicated, it can drag on and become time-consuming and very expensive. It’s not something you want your business to go through and it’s definitely not something you as a busy business owner want to deal with on your own. You need the guidance, support, and counsel of qualified commercial litigation lawyers to make the process easier for you. They have the expert skill and knowledge to handle all types of disputes on your behalf, and will work to resolve them in your favor either through negotiating a settlement to keep the dispute out of court or by making compelling legal arguments to ensure that you obtain a  positive verdict at trial.

Do You Need to Hire Toronto Estate Lawyers to Make a Will?

Many of us who live relatively simple lives, with very few assets and some with no children, are likely to think that we don’t have to use the services of Toronto estate lawyers to write a last will and testament. The truth of the matter is that a will is a legal document and one wrong word or one missing signature can change its entire intention or purpose. So, it really helps to have an experienced attorney to guide and advise you in making such an important legal document in order to avoid unnecessary complications.

However, estate lawyers can charge very hefty fees depending on where you live. In Ontario, for instance, lawyers will charge fees ranging from $278 to $510 to do a simple will. It’s perfectly understandable that many Canadians want to find a cost-effective way to get their will done.

Here are some compromise solutions:

Using Attorney Packages

Some lawyers who specialize in estate matters offer estate planning packages or will packages.  You can choose from a Basic package which includes a personalized last will that is made specific to your state with free revisions of up to 30 days, a Comprehensive package which includes attorney consultations on your estate legal matters for up to 30 days, and an Estate Plan Bundle which includes additional services for a Financial Power of Attorney, a Living Will, end-of-life wishes and a Healthcare Power of Attorney. Some lawyers only offer one set that includes a last will and testament, a power of attorney, and a living will that are customized for your state. A will package can cost from C$29.99 up to C$105.80, depending on the package you avail. Although you don’t consult in person with an attorney, will packages are still reviewed and approved by lawyers based on your answers to a series of questions.

Attorney Consultation

Another cost efficient way to make a will is to use ready-made forms that are sold in stores or create one online in trusted and reliable lawyer websites, and then to just have a quick consultation with an attorney to review your completed document. This way you can pay the lawyer by the hour, which will be generally cheaper than paying a flat fee for consultation and writing a will and other basic estate planning documents. Hourly billing rates can range from $100 an hour up to $400 an hour or more, depending on where you live and the lawyer’s experience. An estate lawyer will be more knowledgeable and efficient than a general practitioner, and will probably charge more but paying for good advice to make sure that your will is  legally valid may be worth your peace of mind.

Legal Aid

All states offer legal aid to low-income individuals who need a basic will to address specific concerns relating to guardianship of their children as well as financial issues. The services are not totally free but the average cost is usually minimal.

A will, like any legal document, is not set in stone. Laws change, and your will needs to be updated and reviewed to reflect these changes, otherwise details can be contested in court. For this reason, you need to make sure to consult with Toronto estate lawyers in any way you can afford to in order to get the guidance and advice you need when creating your estate planning documents.

Reasons to Hire Toronto Insurance Defence Lawyers

Toronto insurance defence lawyers focus their practice on handling disputes relating to insurance law. They typically provide representation in court to protect the business interest of insurance companies and also to defend the rights of insured individuals who are faced with legal proceedings.

They handle a wide range of legal issues relating to individual or commercial insurance policies and claims, which may include some of the following:

●     Personal Injury

●     Homeowners’ Liability

●     Construction

●     Motor vehicle claims

●     Crop losses

●     Property damage

●     Property and casualty disputes

●     Insurance Fraud

●     Product Liability

●     Professional Malpractice

●     Employment

●     Uninsured and Underinsured parties

●     Insurance coverage disputes

●     Insurance claims handling abuses

●     Subrogation

●     Arson

●     Class action defence

●     Complex, multiparty litigation

●     General liability matters

●     Risk management and risk analysis

●     Special risks claims defense

●     Sports and entertainment events

As there are many areas of dispute covering many types of insurances so there are different types of insurance defence lawyers who are specialized in one or more aspects of insurance law:

●     Disputes that deal with medical insurance claims are usually handled by lawyers who are specialized in personal injury defense and medical malpractice defense.

●     Car accident defense lawyers represent clients in lawsuits related to auto accidents.

●     Real estate defense attorneys have expert knowledge on homeowners insurance and can defend clients in title insurance claims and other insurer liability issues.

●     Construction accident attorneys have specialty knowledge in workers compensation insurance and can protect your interests if you have been injured in a construction accident.

●     Bad faith attorneys can represent you if you feel like you have been treated unfairly by your insurance company.

They handle all aspects of litigation using several methods available for resolving disputes, including pleading, discovery depositions,settlement, appraisal, mediation, arbitration or trial in order to pursue the best possible outcome for their client.

Often we find insurance defence attorneys representing the insurance company whenever disputes arise between the insurer and the policyholder. These dispute cases may include:

Disagreements with the policyholder's coverage

The insurance company believes that the policyholder’s claim is false, frivolous, or made in bad faith

There is significant misrepresentation by the policyholder in order to receive compensation.

Compensation claims are considered excessive or unnecessary

Insurance companies also hire the services of an insurance defense lawyer to routinely review their policies and ensure that they are compliant with applicable state laws and regulations.

When an insured person is sued, the insurance company assigns a defense lawyer to represent the policyholder. The attorney is chosen based on the insurance company’s list of referred lawyers. This is to ensure that costs are kept to a minimum and that the rights and interests of both the policyholder and the insurance company are protected in such legal proceedings.

However, some policyholders choose not to use an insurance company-appointed lawyer and decide to hire their own attorney to make sure that they are protected fully. This can happen particularly when issues of conflict of interests arise between the insured and the insurer. In many  of these cases, the courts have allowed the insured person to hire their own counsel at the insurance company’s expense.

If you're worried about trusting your insurance company and you're not sure what your rights are, the best course for you is to consult with Toronto insurance defence lawyers who can explain the law and represent you in court. In any case, whether you need professional help to get an insurance claim or have to sue your insurance company, when you hire your own lawyer you will have an advocate for your rights and interests and have a fair chance of standing up against your insurance company.

Finding the Right Corporate Lawyer in Barrie for your Business

Hiring a good corporate lawyer in Barrie is critical for any sized business. Whether you are operating a start-up venture, a small company or a large corporation, legal matters that may arise throughout the course of your business can become a major expenditure, so it’s an extremely important decision.

Many entrepreneurs are sometimes reluctant to hire an attorney for their business for a couple of reasons. One is that business owners balk at the costs, particularly since lawyers have become increasingly specialized. Another reason is that many fear that lawyers will over complicate every decision they make and will only stand in the way with the growth of their business.

They won’t hesitate to hire an accountant early on as they believe that the business has greater need for someone to help layout the organization’s chart of accounts, check financial records periodically, and prepare the required federal, state and local tax returns. They fail to see, until they are being sued, that a good business attorney can provide valuable legal advice in almost every aspect of the business.

In a nutshell, every business needs a lawyer for a number of reasons, including some of the following:

• Creating a corporation or LLC

• Putting together a partnership agreement

• Negotiating business and employment contracts

• Drafting common business contracts

• Buying or selling your business

• Obtaining  public or private financing

• Drafting internal business policies and procedures

• Filing tax returns, licenses and other legal reports

• Drawing up basic documents such as minutes of formal meetings, articles of incorporation and bylaws

• Negotiating lease of office or retail space

• Obtaining patents, trademarks, copyrights, and trade secrets 

• Dealing with franchise and distributorship issues

• Managing pending or potential litigation

When finding the right corporate lawyer, competence is, obviously, the most important factor to consider. Big corporations typically retain a large law firm that has top legal talents with ample resources and expertise in numerous fields of law. Though it costs a lot of money to secure their services, it can be more advantageous for the business in the long run to have all the legal skills ready and available under one roof and to be able to leverage on the influence and power the legal firm has in the local, regional and even the national legal community, particularly when your business is looking for financing sources or seeking partnership arrangements.

Small to midsize businesses usually hire a general business lawyer or a general counsel, who has solid knowledge and experience in many areas of law, including corporate law, partnership law, labor relations and employment law, tax, contracts and debt collection. Keep in mind, however, that a general counsel may not have all the skills your business may need to grow. At some point, a general practitioner may have to refer you to a specialist or to  two or three or even more attorneys which could result in an additional amount of legal costs over time.

Small businesses also have prepaid legal service plans as an available option. These plans provide quality affordable legal services which includes unlimited telephone legal consultations and routine legal tasks, such as drafting basic contracts and equipment leases.

A good starting point for finding the right lawyer for your business is to ask relatives, friends and business associates to recommend one for you. Also, you can contact your local or state bar association or trade or professional organizations or chamber of commerce to ask for a referral. If you have acquaintances who are lawyers or paralegals, it’s good to ask them to recommend someone with the specialization you need.

Sooner or later, your business is going to need some type of legal representation. Finding a corporate lawyer in Barrie, who can anticipate and address the specific legal needs of your company, can prove to be a huge asset for your business.