3 Reasons Why You Need to Hire a Barrie Estate Planning Lawyer

There are so many variables and factors covering estate planning that an ordinary person may not think of that can lead to mistakes that can end up to long-drawn-out delays and extra expenses for you and your heirs. Investing significant time and effort to find a qualified Barrie estate planning lawyer to help you establish a solid estate plan can really make a huge difference.

With so many do-it-yourself legal documents and estate planning software that are being sold online and in retail supply stores, some people are being led to believe that they can handle all their estate planning needs all by themselves. Do you really need an attorney to help put your affairs in order, and organize your estate, in case you die or become disabled?

There are plenty of good reasons to get personal advice from a trusted and qualified estate planning lawyer.

There are unique laws pertaining to estate planning

In Canada, estate laws differ from province to province. These laws are very technical and very specific about what can and can't be included in wills and trusts, in healthcare or financial power of attorneys or in beneficiary or guardianship designations. There is also a standard process involved that require certain formalities to be followed when signing wills and trusts, or medical or financial power of attorneys. In addition, there are tax implications that may affect the value of your estate and how it is distributed after your passing.

If you plan your estate yourself, you’ll need to study the law, take into account other states’ laws as well since different states may have different laws and also keep up with frequent changes in the law to update your estate plan. That’s not a very easy thing to do.

If you hire a Barrie lawyer who specializes in estate planning he will be able to give you the most basic legal advice relevant to your specific needs at the very least. If your estate needs to address a number of specific concerns,  qualified attorneys can provide more comprehensive planning services, such as specific advice on tax implications and related laws on the guardianship of minor children, care for elderly or disabled dependents, or dealing with extensive real estate holdings or complex charitable gifts.

Estate planning involves a lot of very detailed work

The most basic estate plan should include:

●     Will or Trust

●     Durable power of attorney

●     Beneficiary designations

●     Letter of intent

●     Advance Health Care Directive

●     Guardianship designations

All these documents should be articulated in a way that is legally valid in your state and in other states’ laws to be considered legally binding and also to minimize heirs’ tax implications. Completing these forms will require a great deal of attention to detail. One wrong word or one missing signature can make the document invalid and could cause legal problems that can get expensive.

Estate lawyers are properly versed in the law and will know to use the right words and phrases to accurately convey your intentions, as well as the requirements for the proper execution of these documents in order to limit any possibility of misinterpretation and invalidity.

Estate planning involves many issues

The planning process involves heavy decisions that affect family members, your health care, the control of your business, finances and real estate properties. A relatively simple estate can be challenging enough to plan for. However, if your estate needs to deal with complex family or financial situations, such as divorce, second or late marriages, non-married couples, minor children, children/relatives with special needs, disabled family members, no heirs, multiple real estates, multiple businesses, a taxable estate, etc, then you will need legal and tax guidance to ensure that your estate will be taken care of properly in the event of your death or disability.

Planning your estate carefully requires critical knowledge necessary to maximize the value of your estate and make it immune to potentially hefty tax consequences and lengthy court processes. It’s best to seek the advice and services of a knowledgeable and experienced Barrie estate planning lawyer to guide you through the process to ensure that you protect your family from trouble in the future.

Consult With Toronto Insurance Defense Lawyers for Your Claims and Disputes

When you get into an accident or are brought into disrepute or danger in any way and you file a claim with your insurance company, you would naturally expect them to accept your claim to cover the costs of damage. That is, after all, the very reason why you bought insurance in the first place. In some cases, however, it is not always easy and you may find that the insurance company can either undervalue, under-pay, delay, or even completely deny payment of your claim without proper reason or warning. Toronto insurance defense lawyers can defend your interests when you are faced with any issues relating to your insurance coverage.

Insurance defense attorneys are highly specialized in the practice of insurance defense law. They have extensive experience in numerous areas of insurance claims and disputes, such as the following:

●     Personal injury

●     Health insurance claims

●     Homeowner claims

●     Condominium insurance claims

●     Automotive disputes

●     Insurance fraud

●     Construction insurance claims

●     Property damage

●     Product liability

●     Professional liability insurance claims

●     Malpractice insurance claims

●     Insurance coverage disputes

●     Insurance class action defense

●     Cybersecurity and data privacy

●     Life insurance claims

●     Disability insurance claims

●     Bad faith claims

There are many different types of insurance and each may cover very different types of claims which will warrant their own types of disputes, depending on the way that the claims are paid or denied. Usually insurance companies provide common reasons for denying insurance claims:

●     Your claim is not covered by your policy

●     Coverage has lapsed for the time period specified in the claim

●     Missing or incorrect information within the claim

●     Your claim is perceived to be false, lacks legal merit, or is made in bad faith

●     Related costs are considered excessive or unnecessary

To avoid these issues, it’s advisable to carefully read all aspects of your insurance policy and to  make sure that you fully understand your coverage and claims before purchasing any kind of insurance policy.

Practice Group Lawyers

•  George O. Frank
•  David G. Lavkulik
•  Lawrence Hansen
•  Pamela L. Blaikie
•  Jodi E. Herszkowicz
•  Jennifer M. Hetherington
•  Maya Krishnaratne
•  Pradeep Chandrashekhar
•  Lianne Sharvit

In some cases, insurance disputes can be resolved by filing an appeal or working things out with an insurance representative. If your dispute cannot be settled in any of these ways, then you will need an experienced defense attorney to negotiate your position and, if necessary, take the claim or dispute to a court of law.

Many people passively accept denials of their insurance claims without question because they don’t want to go through the bother of appealing, negotiating and, possibly, litigating their case. This is why some people have the wise sense to consult with an experienced insurance attorney even before a claim is denied in order to avoid any possible denial.

As soon as you see these warning signs, make it a point to consult with an insurance defense lawyer immediately:

●     The insurance company tells you that your claim has been transferred to a “special investigation unit”

●     You have been asked to attend an “Examination Under Oath”

●     Your claim remains unresolved after 6 months or more

●     You notice that the insurance adjuster is asking you too many questions and/or asking for too many documents

●     You feel that the insurance adjuster is showing cautious distrust and is suggesting or insinuating

A claim denial can be very disappointing and frustrating and going head to head with your insurance company for any type of dispute can be scary and intimidating. No doubt your insurance company will have their attorneys working for them. It would benefit you a lot if you have your own attorney fighting on your side. Toronto insurance defense lawyers understand the twist and turns of the claims process and are experienced in the courtroom and will take appropriate steps to protect your rights and, possibly, hopefully, change the outcome of your case.

Two Tips for Choosing Estate Lawyers in Toronto

For many Canadians who have not taken any step towards hiring an attorney to help them with estate planning, searching for the right legal professional may seem like a difficult task. However, if you are willing to invest significant time and effort you can find a lot of estate lawyers in Toronto who practice a wide variety of Estate Law in your province.

Estate planning can, at times, be a complicated task that involves figuring out a lot of deeply personal and, usually emotional matters, such as how to protect the interests of children or family members with special needs, and how to keep assets protected against threats from creditors, family law claims, and litigation from those who seek a bigger share of your estate. Having someone by your side who is knowledgeable and experienced to clearly understand your wishes and figure out how to protect your interests can greatly help to make the entire process bearable for you.

Here’s what you need to do to ensure you select an estate planning lawyer who will be the most suitable for you.

Choose an attorney who has particular specialization in probate and/or estate planning

Every attorney has expertise on a particular area of law. In matters of probate or estate planning, you’d want to limit your search to estate attorneys who are Estate Planning, Trust and Probate Law Certified Specialists. The professional certification signifies that an attorney has taken additional courses in the area of trusts and estates, has passed a lengthy written qualifying exam and has had at least five of years of experience practicing in this area of law.

Estates and trusts law in Canada require attorneys who practice in this field to be specialized and obtain basic instruction on these topics. In addition, continuing legal education and experience is also necessary in order to keep up with the changes on legal and tax implications, state rules for intestate succession, and various estate planning and estate administration issues.

Evaluate your needs to identify what type of probate and/or estate lawyer you need

Probate law and estate law are two different fields of practice. While both probate lawyers and estate attorneys understand the same substantive law, each differ in their area of practice. Probate lawyers focus more on  litigation and can help you with matters that involve the court, such as establishing the authenticity of a will, arranging a guardianship for an incapacitated person, and even prosecuting or defending your will if contested. Estate lawyers, on the other hand, deal more with transactional activities that involve planning for contingencies arising from incapacity or death. Many probate and estate lawyers choose to specialize in one area over the other, but not on both. On the other hand, there are some who do focus their practice on both areas of law.  

Evaluate your needs and determine if you need a probate lawyer or an estate planning attorney in order to make sure that you will hire an attorney with the proper expertise and experience to handle your specific legal matter.

Even if you have a relatively simple estate, it is always a good idea to consult with estate lawyers in Toronto. Estate and trusts laws in Canada are strongly influenced by so many variables and factors that you may easily fail to think carefully about before making a decision. Hiring the right attorney to meet your specific requirements will make a huge difference in preventing a variety of legal complications and unnecessary expense.

Choosing the Right Corporate Lawyer in Barrie for Your Small Business

When you are starting a business in Barrie, Ontario, it is important to have a reliable corporate lawyer in Barrie right from the very start to advise you on complex legal questions and represent you in all types of business law matters. With the right expertise on your side, you can feel confident you’ve got your legal concerns covered as you focus on getting down to business.

Hiring and working with a lawyer can often be a daunting task however, especially if you’ve never worked with a legal professional before. Here are some tips on what you should look for in a business lawyer and how to deal with the attorney-client relationship:

Hire a lawyer early on

Many entrepreneurs who are starting put off hiring a lawyer until they find themselves in some kind of legal trouble. Attorneys charge high rates and many small businesses don't have much money set aside to pay lawyers, so it is understandable why they wind up using self-help resources instead.

While you certainly don't need an attorney for every step of running your business, there are a few situations when you are just starting out where you'll want or need the advice of a good corporate attorney. A few examples are when:  

• If you are forming a partnership
• Before incorporating your business
• When you are entering into a lease
• When you are planning on taking money from investors
• When you are putting a product that might create some liability issues
• When you are buying or selling a business
• When you are hiring employees with access to company secrets or confidential information
• When you are negotiating contracts with customers and suppliers
• When you are raising capital

Basically, you will want to make sure to hire a lawyer before you do something that’s going to get you into trouble. Getting good legal advice is not free, but often it will save you money and help your business in the long run.

The best strategy for any start-up is to establish a client-attorney relationship early on,  even before an actual need arises. Start finding a good start-up attorney with a reasonable rate for basic services like an initial consultation or to get basic business formation and deliberately include those numbers into the budget as you get the funds together to start your business. The sooner you start getting good advice, the better off your business is going to be.

Ask about their fee structure

You need to plan for your business’ legal costs, so don’t hesitate to discuss payment arrangements with any potential lawyers you plan to hire. Basically you will want to know

• how much the attorney charges,
• how often you will be billed, and
• whether the attorney may consider an alternative fee arrangement.

Most startups will deal with attorneys that will likely charge from $150 an hour for a junior lawyer at a small firm in a smaller city and up to $1,000 an hour for senior partners in big firms in major cities. Lawyers typically charge on an hourly basis and bill in ten- or fifteen-minute increments. So if the attorney charges $200 an hour, for example, he  will bill $50 for fifteen minutes of work and $100 for half an hour of work.The hourly rate is certainly a crucial part of the costs and is something to really consider when you are on a tight budget.

Choose the right fit

When making your final decision, keep in mind the following concerns to ensure that you select the attorney who will best meet your company’s needs:

• Do you think you will feel comfortable working with this person on a regular basis?
• Does the attorney have the right qualifications to help you?
• Is the payment structure reasonable and within your range?
• Do you feel that you can reach a level of communication between yourself and the attorney where you can freely confide sensitive aspects of your business?

Hiring a good corporate lawyer in Barrie is not just recommended but a necessity. He can negotiate leases for your office and retail space, provide copyright and trademark advice, draft software license agreements, oversee corporate meetings, ensure that your business complies with all related laws to avoid lawsuits and liability, and basically provide vital assistance in almost every aspect of your business.

Many Ways Corporate Law Services in Barrie Can Help Your Business

Corporate law services in Barrie help businesses all around Central Ontario, Canada face legal challenges everyday. They provide sound advice and expert counsel for business owners and company executives and handle business transactions associated with the daily activities of the business.

Since corporate law is a diverse field, lawyers have specialty practice areas in order to provide representation on a wide range of legal issues that affect businesses. Many areas of a business may be managed by corporate law services, depending on the  changing needs of the company in different stages of its growth:

Starting a new business

New businesses are typically faced with a lot of business decisions at the very beginning and getting experienced advice about legal issues at this stage is a must. One area in which new business owners may need particular help in is in determining the appropriate business structure, whether it should be set up as a corporation, a partnership, a limited liability company, a sole proprietorship, or even as a joint venture (a partnership arrangement with an established company). Business owners often use their money to fund start-up operations and determining the appropriate business structure will be critical in deciding the implications of federal and state tax requirements and how to limit liability for the stakeholders. Other legal aspects included in the  formation of a new business venture that corporate legal services can assist with may include developing a business plan, finding sources to finance the business, creating corporate governance, establishing the board of directors and voting agreements and establishing equity and non-equity based incentive compensation plans.

Expansion and development

At some point the business needs to grow to increase earnings and revenues. As the business grows and brings on new shareholders, or enters into co-venture agreements, or expands its  market share through merging with or acquiring another business, or decides to divest or sell portions of the existing business to focus on a different product strategy, more legal complexities will arise and require resolution. Having the right law firm who can provide qualified corporate law services in various areas during this period of growth and expansion will prove to be invaluable for the organization.

Buying and selling transactions

A company’s buying and selling transactions may be overseen by corporate law services to ensure they comply with state regulations and protect the interest of the parties involved. Mergers and acquisitions,  strategic investments, joint ventures and restructuring or recapitalizations, for example, are all very critical activities that can dictate the financial stability of the company for years to come. Corporate lawyers can assist their clients during these risky deals by helping to find appropriate financing for mergers and acquisitions, providing advice concerning the drafting, negotiation, and performance of contracts for the sale of portions of the business, overseeing due diligence checks concerning the company that is to be acquired which can include a thorough review of company finances, employee agreements, intellectual property, environmental liabilities, real estate leases, and pending litigation cases involving the company to help ensure that their client gets what they paid or gets paid for.

While it may be true that corporate law services in Barrie can be expensive, it’s important to consider the value of the advice and guidance your company will be receiving on the whole. Small, medium, and large business entities rely heavily on these services to help them distinguish legal boundaries, identify potential risks  and to handle problems quickly and effectively and ensure that nothing interferes with the daily operations of the organization and to give corporate leaders the time they need to run the business with peace of mind knowing that their legal concerns are covered.

How a Civil Litigation Lawyer Can Help With Different Types of Lawsuits

Going through a lawsuit can be a complicated process and if you are considering filing one, the guidance and advice of a qualified civil litigation lawyer can greatly benefit your case. As a legal professional, a litigation attorney is familiar with all of the procedures, steps, and necessary paperwork that needs to be done in filing and pursuing civil cases.

Civil lawyers can help you understand if your case has a good chance of being successful in court. Moreover, if they see that your case is better handled outside of the courtroom they will also be able to advise on your options using alternative dispute resolutions.

Attorneys that are highly specialized civil litigators have the skill set to interpret the complexities of civil law and handle all types of civil litigation matters. Civil cases are non-criminal lawsuits, which means that they are caused by civil wrongs, no crime has been committed and no criminal sanctions are imposed. Instead, civil cases are personal disputes between individuals, businesses and other entities that need to use the courts or some legal intervention to seek monetary judgement or some other remedy to decide the matter at hand and end further harm.

There are many types of civil disputes that a civil litigation lawyer can handle. Some examples are:

Personal injury and tort civil litigation   

Torts or personal injury lawsuits are a result of the negligence, carelessness, recklessness or intentional conduct of an individual, business or other entity that have unfairly caused another individual or entity to suffer loss or harm leading the injured party to hire a civil litigation attorney to file a lawsuit to seek compensation. Personal injury civil litigation cases can usually occur from traffic or motor vehicle accidents, injuries caused by defective products or faulty repairs, from accidents because you slipped and fell on a wet floor or pavement, damages from libel, slander, malicious prosecution, or false arrest, and other cases in which negligence caused physical, emotional or psychological injuries or damages.

Family law cases    

Family cases are a type of civil case that generally involve issues between or concerning spouses, parents, and children. Divorce, separation, child custody, child or spousal support, guardianship, adoption and foster care placement, domestic violence and other issues involving family relationships are some common disputes that are handled by family courts in order  to provide fair and just decisions in relation to family law in order to improve the stability of the family unit.

Contract Litigation

One of the most common disputes that civil litigation lawyers get involved in are those relating to breaches of contract.  Civil lawyers  specialized in this area of litigation deal with many different forms of contracts, including business contracts, employment contracts, shareholders agreements, promissory notes, contracts for goods and services, loans, leases and rental agreements. Valid contracts are enforceable in a court of law and may give rise to a potential civil litigation claim. When one of the parties to a contract, which may be individuals, partnerships, corporations, or even governments, fails to perform its obligations under the terms of a contract, the other party has the right to file a breach of contract claim to pursue different remedies such as damages, specific performance and injunctions.

Whether you have a small claim lawsuit, or a large personal injury case, a civil litigation lawyer will represent you at every step in the process. Your attorney’s legal expertise will come in handy and put you in a better position to win your lawsuit.

Why You Need A Barrie Real Estate Lawyer When Buying A Home

If you are thinking about buying a home in Barrie, Ontario, it is best to consult with a Barrie real estate lawyer to guide you every step of the way of the process to ensure that you are protected. Your lawyer can provide invaluable assistance with all aspects of the deal, including the negotiating and contracting part of the process with the opposing solicitor, banks and mortgage brokers.

Hiring a real estate lawyer early in the buying process can save you time, but most importantly, save tremendous risk – and money. Particularly when legal issues arise that your real estate agent can't answer, you'll need an attorney's help to make judgments on legal questions.

Real estate law in Ontario can be very complex. Unique issues and special difficulties can arise that don’t come up in other transactions. Only the legal expertise of a qualified real estate attorney will be able to navigate through all the unique aspects of the law and ensure that it is interpreted and carried out in a way that is legally binding.

Real estate lawyers have your best interests in mind from the start. Let’s look at some of the ways they can help.

Financing

One way that a real estate attorney can protect your rights in the home buying process is when it comes to financing.Your lawyer can review all of the forms and prevent hefty rates from being imposed on you. For example, a purchase agreement can merely state “conditional on financing,” instead of ““conditional on getting the financing he [the buyer] wants.” In the first clause, nothing is specified about the rate of financing. This means that if a lender offers the buyer a higher rate like 5% financing (instead of a lower percentage), the buyer doesn’t have the option to back out of the deal. The former is a very broad clause and the latter is a more distinct clause that will allow the buyer to accept any financing the lender offers. A good real estate attorney would not fail to put down this important distinction in the paperwork. He or she has the legal knowledge to catch all kinds of dangerous clauses like these before you get stuck into a situation with negative long-term results.

The Status Certificate

If you are buying a condo, you’ll also need to have a real estate lawyer review the Status Certificate. This document essentially contains all the key information about the unit and of the condo corporation.

The certificate can basically run into one hundred pages with lots of legal jargon, so it’s important to have your lawyer examine it closely before buying the unit in order to protect you from serious expenditures forthcoming.

When reviewing the Status Certificate, be sure that your lawyer can provide you with clear answers to these questions:

• Is the reserve fund adequate?
• Is the condo corporation being sued?
• Are there any arrears in common expenses?
• Are there any new special assessments coming up?

The Closing

Another important step in the home buying process that your real estate attorney can get involved in is in the closing. An attorney will be helpful in:

• Preparing the deed and other closing papers
• Preparing a closing statement representing your remaining down payment, land transfer tax and legal fees and disbursements
• Explaining the nature, amount, and fairness of closing costs
• Ensuring that the deed and mortgage instruments are signed and appropriately executed and explained to the various parties

The closing process can be confusing and complex and  last minute disputes can arise. Having a lawyer stand by you among the other representatives of other parties can help minimize your risk and protect your rights.

Buying a home in Barrie, Ontario is such a significant investment that could impact the rest of your life. A highly qualified expert representing you in every step of the process is the very  best way to protect your interests.  Make sure you hire a competent Barrie real estate lawyer to review paperwork ahead of a purchase, interpret subtleties of the legal language, and help you navigate the nooks and crannies of real estate law because it can undoubtedly make a huge difference.