How to Avoid Probate in Canada

How to Avoid Probate in Canada.

Probate is the legal process of collecting and distributing a person's assets after his or her death. As attorney fees, court costs, probate fees, or taxes can be expensive, many choose to plan their estate in order to avoid probate. Avoiding probate generally means ensuring that certain assets do not become a part of your probate estate. To prevent assets from becoming a part of your estate and avoid probate in Canada, follow the steps below.

Steps.
1. Name beneficiaries on your life insurance policies. Life insurance is paid directly to the named beneficiary, so the funds never become a part of the probate estate, therefore not subject to probate taxes and fees. You may also wish to name a secondary beneficiary, in case the primary beneficiary predeceases you.
2. Hold your assets in cash and/or bearer certificates. Assets held in cash or bearer certificates, such as stock, may be excluded from the probate estate, reducing the amount of fees and taxes charged to it. A bearer certificate is a financial instrument, such as a check payable to ‘cash', which may be redeemed by any party possessing it.
3. Add a Pay on Death (“POD”) or Transfer on Death (“TOD”) designation to your accounts. This can only be done in the USA. Canada does not have such a law for non-registered investment accounts. Only registered accounts such as an RRSP, RRIF, TFSA accounts can have named beneficiaries. Joint ownership is the only way to avoid probate for non-registered accounts.
A POD or TOD designation allows you to decide to whom the property will transfer or be paid upon your death. As it will be paid or transferred directly to the designated party, it will not be subject to probate taxes. To name a POD or TOD, contact the bank or investment firm where the account is held. The procedure will vary from company to company and will most often involve filling out and returning a simple form.
4. Title your assets to a joint owner. Assets, which are held jointly with rights of survivorship, pass directly to the surviving joint owner, and never become subject to probate. Joint ownership is not right in all circumstances. You may wish to consider the following, before naming a joint owner of any of your assets.
A joint owner can clean out your accounts or otherwise encumber your property. Once a party owns an interest in your property, he or she may take out loans against it, or in the case of a bank or investment account, empty it. This can be done without your knowledge or consent.
You will need the cooperation of the joint owner in order to sell or mortgage the property. Once you name a joint owner, he or she will need to consent to any sale of the property, or any mortgage taken against it.
Naming a joint owner, when he or she is not the only beneficiary of the estate, may cause discontentment between heirs. The other beneficiaries may believe that the joint owner was only meant to hold the property in trust for all of the beneficiaries, and a dispute as to who should inherit the property can easily arise.
There may be tax consequences, such as capital gains property transfer tax, when naming joint owners of certain property. You may want to consult with a Certified General Account (“CGA”) or tax attorney before doing anything that may affect your obligation to pay taxes.
Just as a joint owner has a claim to the joint property, so does his or her creditors. Titling your property with another as a joint owner may subject it to the claims of the joint owner's creditors and/or his or her spouse.
5. Give gifts. Gifting your property now will reduce the value of the estate at your death, thereby reducing the amount of taxes and/or fees due. Be aware that certain legal requirements and/or obligations may apply when making inter-vivos gifts or to those made while you are alive, for the purpose of reducing probate taxes. These considerations include:
You must actually give up control of the gift to the giftee. For example, if you make a gift of an antique piece of furniture, you must deliver the piece to the giftee, and discontinue your possession of it. Another example is if you bestow a bank account upon another, you must add their name and remove yours from the title.
There may be tax consequences for the one who receives the gift. For example, if the fair market value (“FMV”) of the gift exceeds its cost, the accrued gain may be taxable as a capital gain. The Canadian Revenue Agency (“CRA”) defines FMV as “the highest price, expressed in dollars, that a property would bring in an open and unrestricted market, between a willing buyer and a willing seller who are both knowledgeable, informed, and prudent, and who are acting independently of each other.”
Property tax transfer and other fees may be due when gifting real estate to another. You may wish to consult with a CGA, tax attorney, or probate lawyer before transferring any real property to another party, in order to ensure that your legal and financial rights are protected.
6. Set up a trust. A trust allows you to title your property to it, to be held by an appointed trustee, on your behalf. You may appoint yourself as trustee if you choose. The trust will provide for the distribution of the property after your death. Since the property is owned by the trust, it never becomes a part of your probate estate and is not subject to probate taxes.
7. Title assets to your company. If you have outstanding debt other than a mortgage, that debt will not be subtracted from your assets when the value of your estate at the time of your death is determined. This will increase the value of your estate, causing a higher probate tax to apply. Transferring the loan and the asset purchased with it to a limited company will reduce the gross value of your estate, which in turn will reduce the amount of probate tax due.
8. Make two wills. Parties who hold certain assets may decide to make two wills. A Primary Will, which deals with those assets that are required to be subject to probate, and a Secondary Will, which provides direction as to the distribution of all other assets. While this is not a widely known practice, the Court in Ontario recently approved of this estate planning approach in Granovsky Estate v. Ontario.

Community Q&A.

Question : If a partial distribution was made as a part of the deceased mother's will and the son dies before final distribution, how is the balance handled?
Answer :  In most cases, the balance will be given to the next person listed in the document.
Question : Can a person's RRIF be allocated in a will to someone prior to death and avoid having to be a part of any probate?
Answer :  Registered accounts with named beneficiaries are not subject to probate calculation as it is not part of a taxable estate. If the named beneficiary is "Estate," then it will be subject to probate.
Question : Without a named beneficiary, does life insurance and RRSP go to the probate?
Answer :  Yes, without a named beneficiary any life insurance or RRSPs become part of the deceased's estate and are therefore subject to Estate Administration Tax.
Question : A wife, as beneficiary of a life insurance policy, predeceases the husband. Upon the husband's death, how can their children receive the proceeds of the policy?
Answer :  You must put the children down now as contingent beneficiaries. Contact the insurance provider of the policy.
Question : How do I avoid probate in Canada if everything the deceased has is cash in a bank?
Answer :  You will be able to avoid probate, but you will need to be cautious about how the cash is divided up afterwards. A huge addition of cash will probably put you in a different tax bracket, and you will have to pay more income tax as a result. You will need to find out what the tax burden will be on the amount you receive, if it's purely cash.
Question : What happens when probate is started on a will and then another will is found?
Answer :  The dates the documents were signed will determine the legitimacy. The later one should be the one that is used.
Question : How do I keep my family home from probate? I would like it to continue to be a family home for my children and to let them decide what to do with it in the future.
Answer :  Add their names to the title.Then it will automatically be their property and you will avoid probate, and also, depending on where you live, estate taxes.
Question : Can a financial institution make a claim for the beneficiary's share of an estate?
Answer :  All life insurance products such as deferred annuities or segregated funds are creditor-proof.
Question : Is there a waiver of probate form or a waiver for banks to release bank funds in Canada?
Answer :  In Canada, if the estate size is small, the beneficiary is the spouse and the strength of the relationship of the deceased and the beneficiary is know to be strong by staff of the bank, the financial institution can offer a waiver of probate on a case-by-case basis.
Question : How do I know how much tax I will pay in Ontario?
Answer :  Ontario's official government website has an estate administration tax calculator.

Tips.
If you wish to control when a beneficiary inherits the property, you may want to consider creating a trust instead of naming TODs and PODs.
Talk to your friends and family about how you wish for your personal property to be distributed upon your death. If you really want a specific person to have an item, and are unsure if your loved one's will abide by your wishes, simply give it to them now.

Warnings.

Naming a joint account owner on an account will allow the joint owner to withdraw all of your money or cause a lien to be placed on the account if they are sued and a judgment is entered against them. Naming a POD or TOD may be the safest way to ensure that your property passes to whom you wish, without giving up interest in it until after your death.
Before taking an action, which may affect your legal or financial rights and/or obligations, you should consult with a qualified barrister.
Avoiding probate is not right for everyone. You may wish to consult with a barrister in order to determine if taking steps to avoid probate is appropriate in your particular situation.

June 02, 2020

how to find a home after divorce with limited finances

How to Find a Home After Divorce with Limited Finances.

Divorce is an emotionally draining experience, and on top of everything else you need to find somewhere to stay. There are fewer options for people with limited finances. Since you probably can’t buy a home, you should find a cheap rental in a good location. If necessary, you can crash with friends or family or even try to stay at home with your ex-spouse until you save up enough money.



Method 1 Finding a Cheap Rental.

1. Search the Internet. Looking for cheap rental options is a little like searching for a needle in a haystack. However, there are cheap apartment rentals out there. Check websites such as Rent.com. A studio or a bedroom in someone’s house will probably be the cheapest to rent.

You might need a small place at first—really small. In expensive cities, you might get a 100 square foot micro-studio for under $1,000.

Also consider apartments in slightly shady neighborhoods. Check neighborhood crime rates at www.neighborhoodscout.com. Remember that your first home after a divorce doesn’t need to be your permanent home.

2. Contact hotels. You might only need a temporary place to stay, e.g., for a month or so. In some countries, such as Canada, a lease must be for at least 12 months. Your only option for short-term housing might be to stay in a hotel or motel.

Many national chains have extended-stay hotels. Call and ask about rates.

Renting a hotel this way is more expensive than renting an apartment. However, it’s more convenient if you need short-term housing.

3. View the apartment. Call up the landlord and ask to see the place. No matter how desperate you are, you shouldn’t rent a place without first viewing it. Some cheap apartments are unsanitary and unsafe.

Make sure the apartment is close to work or accessible by public transportation.

Check your cell phone reception. You can save money if you just use your cell phone and skip the landline.

Also confirm that there is enough water pressure. Flush the toilet and turn on the taps.

4. Check your credit. More and more landlords are looking at people’s credit history before deciding to rent to them. Pull your credit score and credit history. If your score is low, try to clean up your credit history quickly.

There may be errors on your credit history that are pulling down your score. For example, your ex-spouse’s debts might show up on your credit report, or accounts might wrongly be listed as in default. Dispute any credit report errors. It usually takes a couple months for inaccurate information to come off.

5. Ask if you can forego a security deposit. Landlords typically want a month’s rent as a security deposit to protect them in case you damage the apartment or skip out before the end of the lease. If you have good credit or a long rental history, you can ask the landlord if you can rent without paying a deposit.

If necessary, check whether you can put your rent on a credit card. It’s not an ideal solution, but it will help you get a roof over your head. You can pay the credit balance down once you get re-established.

6. Get a roommate, if necessary. Any apartment is cheaper if you have someone splitting the bills. You can advertise for a roommate on websites such as Craigslist, though it is better if you know the person already. Confirm that the lease allows you to have a roommate, because not all leases do.

If you have to advertise, ask any potential roommate for references and one month’s security deposit.

Be very clear about your expectations regarding cleanliness and having guests over.



Method 2 Staying with Friends or Family.

1. Call them up and ask. Don’t show up at someone’s doorstep with a suitcase, but call ahead of time. Ask if you can stay with them for a little bit. Give them a deadline when you anticipate moving out.

For example, you can say, “Mom, I need to come home. Is that okay? I’ve only got a few hundred saved. But if I can stay with you for two or three months, I’ll be back on my feet.”

2. Save money fast. You can’t sleep on someone’s couch forever, so cut all unnecessary expenses and take on a part-time job if possible. Build up enough money to afford a security deposit on a small apartment.

A part-time job might be ideal since it will keep you out of the house. Check Craigslist for part-time gigs such as dog walker, Uber driver, or bartender.

3. Be a model guest. People are doing you a huge favor by letting you crash with them for a little while. Make things easy on your host by keeping your space clean, not making noise, and being respectful when your host has guests.

Wash dishes or prepare meals without asking. This will relieve your host’s stress.

Avoid draining your friend’s electricity by charging up your computer and phone on their dime. Instead, find a public café or recharge while at work.

Keep complaints to yourself. Do you think the sheets are scratchy? Consider yourself lucky to have a place to stay.

4. Follow house rules. Your friends might have rules that seem weird to you. That’s not the point. You need to follow them if you don’t want to get kicked out. Ask about anything that seems unclear.

Some rules are unspoken. Pay attention to your host’s habits. For example, if they only watch TV with the volume down low, do the same.

5. Buy your own food. You should prepare your own meals so that your host doesn’t feel like they have to wait on you. Ask your friend where the nearest grocery store is and load up on food. Make sure there’s enough room in the refrigerator.

6. Volunteer to cover expenses. You can build goodwill by volunteering to buy food or paying other bills. For example, pick up a large pizza on your way home from work and invite your host to share.

7. Leave when asked. Someone might need you to leave before you want to. Gather your things and thank them. Then call up other family or friends to find a place to stay.

Remember to clean up after yourself. Remove any trash and wash the sheets or vacuum the sofa you slept on. Don’t leave anything behind.



Method 3 Living With Your Ex.

1. Talk to your ex. No law says you must leave your home after a divorce. If you have no money, you might be best off sitting tight until you’ve managed to save up enough for an apartment. Of course, you’ll need your ex spouse’s permission—especially if they were given the house in the divorce decree.

If your ex doesn’t want you in the house, volunteer to stay in the garage or in a guest house.

Staying in the house isn’t an option if there’s been any history of domestic violence, or if there is a restraining order against you.

2. Contribute to the bills. You should split shared costs, such as property taxes, insurance, electricity and—if you can afford it—the mortgage. Sit down with your spouse and talk about what you will contribute.

If you don’t have any money, volunteer to do things around the house. You can cook all meals, make repairs, and clean.

3. Come up with a schedule. Try to limit contact as much as possible. Staying in the house will be uncomfortable for everybody, but a detailed routine can make things easier. If your ex thrives on conflict, then limiting contact will be beneficial.

For example, you might get up an hour earlier than your ex and come back home an hour earlier. Schedule when you’ll use the bathroom and the kitchen.

4. Be considerate. You might have been a slob while married, but now you need to clean up after yourself. Become the ideal roommate. Follow these rules.

Wash your own dishes.

Eat only the food you buy. If you want something your ex bought, ask first.

Volunteer to clean shared spaces, such as bathrooms, and mow or rake the lawn.

5. Avoid bringing dates home. Your ex might hit the roof, and who can blame them? It’s terribly rude to start dating in front of your ex-spouse. If you want to date, then meet outside the home and don’t bring them back.

There’s also no reason to advertise that you’re dating. Keep that news to yourself.

6. Reduce conflict. If you have children, they will be harmed by constant fighting. As long as you are staying in the house, you need to commit to living peacefully. You can defuse tension by practicing the following.

Listen to your ex-spouse and avoid getting defensive. If your ex complains about your habits, avoid the temptation of starting a tit-for-tat argument. After all, your ex might have a legitimate grievance.

Don’t revisit the divorce. You’re living at home for financial reasons, not because you want to pick apart why you divorced in the first place.

7. Leave as soon as possible. Staying in the house should be a temporary solution. Some people get comfortable being part of a couple even when they are no longer married. For your own personal growth, you should move out as soon as you can afford it.



Method 4 Considering Other Options.

1. Rent a motor home. If you need a temporary place to stay, rent an RV or buy a used one. Ask friends or family if you can park on their property. If you don’t know anyone, you can park at a local campground for a fee. Recreational vehicles typically have sleeping, dining, and bathroom areas.

You can find rentals online or by looking in your telephone book. Shop around for the most competitive price.

2. Apply for housing assistance. In the U.S., low-income people can apply for a Section 8 voucher. You find a landlord willing to accept the voucher and rent directly from them. The voucher then subsidizes your rent. Contact your nearest Public Housing Authority to apply.

There are income limits for eligibility. Typically, your income shouldn’t exceed 50% of the median income of a family your size in the county or city where you want to live. For example, the median income for a single person might be $25,000. Your income will need to be $12,500 or less.

Even if you qualify, there’s usually a long waiting list. You might need temporary shelter.

3. Get a room at the Y. Your local YMCA or YWCA might have rooms for rent. Generally, they will charge by the day, week, or month, and you can book online. A night at the YMCA in the Upper West Side costs around $100 a night. This is pricey, but a decent choice if you need a place to crash for a couple days.



Tips.

If you have children but are not receiving child support, contact your local child support agency immediately. They can track down missing parents, establish paternity, and get a child support order in place.

February 16, 2020

How to Find a Home After Divorce with Limited Finances

How to Find a Home After Divorce with Limited Finances.

Divorce is an emotionally draining experience, and on top of everything else you need to find somewhere to stay. There are fewer options for people with limited finances. Since you probably can’t buy a home, you should find a cheap rental in a good location. If necessary, you can crash with friends or family or even try to stay at home with your ex-spouse until you save up enough money.



Method 1 Finding a Cheap Rental.

1. Search the Internet. Looking for cheap rental options is a little like searching for a needle in a haystack. However, there are cheap apartment rentals out there. Check websites such as Rent.com. A studio or a bedroom in someone’s house will probably be the cheapest to rent.

You might need a small place at first—really small. In expensive cities, you might get a 100 square foot micro-studio for under $1,000.

Also consider apartments in slightly shady neighborhoods. Check neighborhood crime rates at www.neighborhoodscout.com. Remember that your first home after a divorce doesn’t need to be your permanent home.

2. Contact hotels. You might only need a temporary place to stay, e.g., for a month or so. In some countries, such as Canada, a lease must be for at least 12 months. Your only option for short-term housing might be to stay in a hotel or motel.

Many national chains have extended-stay hotels. Call and ask about rates.

Renting a hotel this way is more expensive than renting an apartment. However, it’s more convenient if you need short-term housing.

3. View the apartment. Call up the landlord and ask to see the place. No matter how desperate you are, you shouldn’t rent a place without first viewing it. Some cheap apartments are unsanitary and unsafe.

Make sure the apartment is close to work or accessible by public transportation.

Check your cell phone reception. You can save money if you just use your cell phone and skip the landline.

Also confirm that there is enough water pressure. Flush the toilet and turn on the taps.

4. Check your credit. More and more landlords are looking at people’s credit history before deciding to rent to them. Pull your credit score and credit history. If your score is low, try to clean up your credit history quickly.

There may be errors on your credit history that are pulling down your score. For example, your ex-spouse’s debts might show up on your credit report, or accounts might wrongly be listed as in default. Dispute any credit report errors. It usually takes a couple months for inaccurate information to come off.

5. Ask if you can forego a security deposit. Landlords typically want a month’s rent as a security deposit to protect them in case you damage the apartment or skip out before the end of the lease. If you have good credit or a long rental history, you can ask the landlord if you can rent without paying a deposit.

If necessary, check whether you can put your rent on a credit card. It’s not an ideal solution, but it will help you get a roof over your head. You can pay the credit balance down once you get re-established.

6. Get a roommate, if necessary. Any apartment is cheaper if you have someone splitting the bills. You can advertise for a roommate on websites such as Craigslist, though it is better if you know the person already. Confirm that the lease allows you to have a roommate, because not all leases do.

If you have to advertise, ask any potential roommate for references and one month’s security deposit.

Be very clear about your expectations regarding cleanliness and having guests over.



Method 2 Staying with Friends or Family.

1. Call them up and ask. Don’t show up at someone’s doorstep with a suitcase, but call ahead of time. Ask if you can stay with them for a little bit. Give them a deadline when you anticipate moving out.

For example, you can say, “Mom, I need to come home. Is that okay? I’ve only got a few hundred saved. But if I can stay with you for two or three months, I’ll be back on my feet.”

2. Save money fast. You can’t sleep on someone’s couch forever, so cut all unnecessary expenses and take on a part-time job if possible. Build up enough money to afford a security deposit on a small apartment.

A part-time job might be ideal since it will keep you out of the house. Check Craigslist for part-time gigs such as dog walker, Uber driver, or bartender.

3. Be a model guest. People are doing you a huge favor by letting you crash with them for a little while. Make things easy on your host by keeping your space clean, not making noise, and being respectful when your host has guests.

Wash dishes or prepare meals without asking. This will relieve your host’s stress.

Avoid draining your friend’s electricity by charging up your computer and phone on their dime. Instead, find a public café or recharge while at work.

Keep complaints to yourself. Do you think the sheets are scratchy? Consider yourself lucky to have a place to stay.

4. Follow house rules. Your friends might have rules that seem weird to you. That’s not the point. You need to follow them if you don’t want to get kicked out. Ask about anything that seems unclear.

Some rules are unspoken. Pay attention to your host’s habits. For example, if they only watch TV with the volume down low, do the same.

5. Buy your own food. You should prepare your own meals so that your host doesn’t feel like they have to wait on you. Ask your friend where the nearest grocery store is and load up on food. Make sure there’s enough room in the refrigerator.

6. Volunteer to cover expenses. You can build goodwill by volunteering to buy food or paying other bills. For example, pick up a large pizza on your way home from work and invite your host to share.

7. Leave when asked. Someone might need you to leave before you want to. Gather your things and thank them. Then call up other family or friends to find a place to stay.

Remember to clean up after yourself. Remove any trash and wash the sheets or vacuum the sofa you slept on. Don’t leave anything behind.



Method 3 Living With Your Ex.

1. Talk to your ex. No law says you must leave your home after a divorce. If you have no money, you might be best off sitting tight until you’ve managed to save up enough for an apartment. Of course, you’ll need your ex spouse’s permission—especially if they were given the house in the divorce decree.

If your ex doesn’t want you in the house, volunteer to stay in the garage or in a guest house.

Staying in the house isn’t an option if there’s been any history of domestic violence, or if there is a restraining order against you.

2. Contribute to the bills. You should split shared costs, such as property taxes, insurance, electricity and—if you can afford it—the mortgage. Sit down with your spouse and talk about what you will contribute.

If you don’t have any money, volunteer to do things around the house. You can cook all meals, make repairs, and clean.

3. Come up with a schedule. Try to limit contact as much as possible. Staying in the house will be uncomfortable for everybody, but a detailed routine can make things easier. If your ex thrives on conflict, then limiting contact will be beneficial.

For example, you might get up an hour earlier than your ex and come back home an hour earlier. Schedule when you’ll use the bathroom and the kitchen.

4. Be considerate. You might have been a slob while married, but now you need to clean up after yourself. Become the ideal roommate. Follow these rules.

Wash your own dishes.

Eat only the food you buy. If you want something your ex bought, ask first.

Volunteer to clean shared spaces, such as bathrooms, and mow or rake the lawn.

5. Avoid bringing dates home. Your ex might hit the roof, and who can blame them? It’s terribly rude to start dating in front of your ex-spouse. If you want to date, then meet outside the home and don’t bring them back.

There’s also no reason to advertise that you’re dating. Keep that news to yourself.

6. Reduce conflict. If you have children, they will be harmed by constant fighting. As long as you are staying in the house, you need to commit to living peacefully. You can defuse tension by practicing the following.

Listen to your ex-spouse and avoid getting defensive. If your ex complains about your habits, avoid the temptation of starting a tit-for-tat argument. After all, your ex might have a legitimate grievance.

Don’t revisit the divorce. You’re living at home for financial reasons, not because you want to pick apart why you divorced in the first place.

7. Leave as soon as possible. Staying in the house should be a temporary solution. Some people get comfortable being part of a couple even when they are no longer married. For your own personal growth, you should move out as soon as you can afford it.



Method 4 Considering Other Options.

1. Rent a motor home. If you need a temporary place to stay, rent an RV or buy a used one. Ask friends or family if you can park on their property. If you don’t know anyone, you can park at a local campground for a fee. Recreational vehicles typically have sleeping, dining, and bathroom areas.

You can find rentals online or by looking in your telephone book. Shop around for the most competitive price.

2. Apply for housing assistance. In the U.S., low-income people can apply for a Section 8 voucher. You find a landlord willing to accept the voucher and rent directly from them. The voucher then subsidizes your rent. Contact your nearest Public Housing Authority to apply.

There are income limits for eligibility. Typically, your income shouldn’t exceed 50% of the median income of a family your size in the county or city where you want to live. For example, the median income for a single person might be $25,000. Your income will need to be $12,500 or less.

Even if you qualify, there’s usually a long waiting list. You might need temporary shelter.

3. Get a room at the Y. Your local YMCA or YWCA might have rooms for rent. Generally, they will charge by the day, week, or month, and you can book online. A night at the YMCA in the Upper West Side costs around $100 a night. This is pricey, but a decent choice if you need a place to crash for a couple days.



Tips.

If you have children but are not receiving child support, contact your local child support agency immediately. They can track down missing parents, establish paternity, and get a child support order in place.

February 25, 2020