Celebrity news outlets have recently reported that Aaron Carter passed away without making a will. This news is especially heartbreaking because he and his ex-girlfriend welcomed a son last year. Because they were never married, it is likely that his son will ultimately inherit the entirety of his estate. However, without a will in place, no one has authority to act immediately, and very limited steps can be taken until a court appoints an administrator.

It seems whenever a celebrity passes, gossip about the extent of their assets and whether they had a will always seems to enter to the news cycle. For me, hearing that another person passed without a will is always a somber reminder of the importance of estate planning. Avoiding the topic during your lifetime can create additional stress, and a number of unexpected issues, for your loved ones after your death. Here is a summary of a few.

Do you have an order of the court setting out which parent has the right to make certain decisions? In that case, a guardianship designation becomes even more important.

The law in Alberta states that if a parent, who is subject to a Parenting Order, dies without appointing a replacement guardian (either via a Will or another legal document), a surviving parent may take over the powers, responsibilities, and entitlements of the deceased parent.

A formal statement in a Will would be considered by the judge in making their decision, allowing you to participate in the process when you would otherwise be unable to do so.

Modern Wills Law's story is now a featured case study on our CRM's website! We love what using a CRM and automating some processes has allowed Modern Wills to achieve. We believe having solid processes in place, while it may take longer upfront, will allow for smoother growth. (And savings for our clients!) Click the link to read the full article on their website.

What happens if you cannot find a Will after a loved one has passed? Unfortunately, if no original can be found, the estate may be dealt with as if there was no Will at all. To make the process of finding Wills a bit smoother, the Law Society of Alberta has recently created a public webpage, containing a listing of lost Wills and is encouraging lawyers to review the page on a regular basis. Hopefully the convenience of a public webpage will encourage use by the public, and by Wills lawyers, so that more Wills can be tracked down and more people’s final wishes honoured.

One of the most important aspects of estate planning for parents of young children is appointing alternate guardians. Under Alberta law, a parent who is a guardian of a child, may through their Will, appoint a person to be the guardian of their child after their death. This written appointment is extremely important, as it will speak for you when you are unable to do so.

I can’t believe I am writing this but - it is that time of year already! And we would love to help you get organized for the year ahead by getting a customized Will in place.

Please note that Modern Wills is closed from June 16 to 24, 2022. Please read this post for more info.

In making a Will you get to choose who you would like to manage your estate. Importantly, that person does NOT have to be the same person that you would want to manage any funds left to your children (in trust). And, perhaps even more importantly, the person managing your children’s money does NOT have to be the person you appoint as their guardian. These are three distinct roles, which we explore in more detail in this post.

modernwills.com was selected by Lawyerist as one of the top ten best law firm websites of 2022!

One of the benefits of having a Will is getting to choose who is responsible for handling your estate. This can be one of the most difficult decisions to help clients through. Here are some factors to consider.

An example of the the importance of specific and inclusive Will drafting.

Check out our free guide to the different will drafting options available (and the pros and cons to each).

Have you ever asked this question? In this post, we explore one of the most common questions asked about Wills.

With respect to estate planning, should a couple each work with their own lawyer? Or should they work together with one lawyer? Joint representation is fairly common with Wills but what does it mean? And does it make sense for you? The answer may depend on your circumstances.

Originally published in the Fall 2021 issue of The Moot Times. please click the title to read the article on The Moot Times’ website. (A link to the published author biography is available by clicking “Read More” below.)

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If you have a properly-drafted Will in place, the answer to this question is simple: the person(s) you have designated as your Personal Representative(s) (“PR”) in your Will would oversee the administration of your estate. Ideally, you will have an up-to-date estate plan that names a trusted PR who is alive and willing to act. But what happens if the person you named as your PR (and the alternates) died before you, and you had not updated your Will? Or what if you did not have a Will at all?

This might be one of the most common questions we receive from people looking to prepare a Will for the first time. The only advantage of a do-it-yourself option is price. We agree with the creators of DIY products that too few people have Wills and affordable options are needed. (This is why it is our mission to offer reasonable flat rates.) But there are so many reasons why working with a lawyer on your estate planning documents is worth the cost!

What personal, financial, or other changes should lead to a review of your estate plan?