Andrea Kelly Law

07/12/2023

Will Declared For the Queen of Soul

Unfortunately, it is often easier to recognize the benefits of proper estate planning in situations where it wasn’t done. Estate planning is actually a personal organization exercise. The fallout from failure to do so properly is demonstrated in the case of famed singer, Aretha Franklin’s, estate, recently reported in the New York Times: https://www.nytimes.com/2023/07/11/arts/music/aretha-franklin-will-couch.html . Here are just a few reflections about the recent court case which decided that four pages in a notebook written by the singer in 2014 and found in her couch are Aretha Franklin’s true last Will:

1. The Court correctly considered the singer’s intention in writing the disputed documents. If she intended that the document found in the couch be followed as her Will, why did she leave it in the couch where it was unlikely that anyone would find it???
2. Four years of family conflict and tension. Clear planning, perhaps with a lawyer-drafted Will, known location of that Will, and a family meeting to explain any wishes and instructions left in the Will, had a much greater chance of preserving family harmony.

To read the full commentary, please visit us here: https://www.akellylaw.com/will-declared-for-the-queen-of-soul/

In deciding a family dispute over her estate, a jury in Michigan ruled that a handwritten document found in a couch at Franklin’s home after her death represented her last wishes.

07/06/2023

The new reality program “The Gentle Art of Swedish Death Cleaning” features service providers who attend and declutter your home, so that your loved ones do not have to do it after you die…

There are a lot of emotional feelings generated when going through a deceased loved one’s things, which underscores the value of pre-death decluttering. Thus a decluttering initiative in view of death has a similar objective to estate planning, that is to lessen the emotional burden on loved ones, especially during the grieving process.

https://www.youtube.com/watch?v=ZacJT3a-RAg

03/09/2023

Stephen 'tWitch' Boss Died Without a Will, Allison Holker Files for Control of Estate in Court Docs

https://people.com/tv/allison-holker-files-for-control-stephen-twitch-boss-estate-after-he-died-without-will/

The reported administrative aspects of Stephen 'tWitch' Boss' estate, raises some issues that should encourage onlookers to create or review their estate plan. In Ontario, Canada:

1. when a person dies intestate, their spouse is entitled to a preferential share of the deceased’s estate. The amount of the preferential share is set by statute.

2. an application to be appointed as Executor and Trustee, also known as probate, entails paying Estate Administration Tax. Planning one's estate can minimize the EAT that may be payable after death. Allison is reportedly not asking for administration over Stephen's estate, meaning she's not applying for probate, etc.

3. Family law legislation may entitle a surviving spouse, like Allison, to an equalization payment from the estate. As reflected in Allison's court filing, the spouses' net worth at marriage date and "gift" assets received during the marriage will impact the surviving spouse's entitlement to such a payment.

4. Written agreements between spouses (eg. separation, prenuptial and domestic) should be reviewed by a lawyer when creating either spouse's estate plan. Stephen and Allison reportedly didn't have any written agreements between them concerning how their properties would be divided.

5. planning one's estate allows options for preserving wealth privacy. As court documents are public, Allison and Stephen's asset details are being exposed for public scrutiny.

Allison Holker is asking a court for Stephen 'tWitch' Boss' half of their joint estate after the beloved dancer died without a will

03/06/2023

Sibling’s Resentment Over Family Inheritance?

https://www.youtube.com/watch?v=5ZIz6g2XLBc

Unequal division of estate assets amongst children is not unusual, yet should be done with some thought and foresight. For example, a parent planning to divide their estate unequally should consider:

1. The reason they’re doing this and have it documented in their lawyer’s file;
2. Having a family meeting to discuss their decision(s) and reasons, hopefully to achieve understanding amongst family members, not necessarily their permission.
3. The effect that their decision(s) will have on family harmony once they’re revealed. Sometimes hurt feelings lead to estate litigation.
4. If they care about the answer to 3 above, what more they can do to facilitate family cohesiveness.

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11/11/2022

No Children? Who Should Manage Your Healthcare If You Lose Capacity?

Spouses commonly name each other as their Power of Attorney for Personal Care (POA PC) in case one of them becomes incapacitated. Should one of them die or they both need substitute decision-makers, the choice of attorneys is not as obvious for childless couples as for those who have children. Here are some tips for choosing an Attorney for Personal Care (APC), hiring a health care or patient advocate, and the role of an APC.

https://bit.ly/3hx7prS

11/10/2022

Burial Outside of Canada & Bringing A Loved One Home

From time to time, clients express during estate planning their desire to be buried in another jurisdiction, particularly overseas. Furthermore, transporting deceased people across Canada, and even repatriating remains from outside Canada, is a growing concern in the funeral industry. As people increasingly travel around the provinces, or even retire or relocate outside of Canada, funeral homes and families are faced with the issue of bringing their lost loved ones back home. Thus, the information outlined here is useful when facing these situations.

https://bit.ly/3G2Wy3b

11/09/2022

Couple Disputes During Estate Planning

Though estate planning is a prudent, responsible and arguably sacred initiative, there are many junctures in the process that can potentially lead to spousal feuding. One spouse may feel dragged into the process, they may not agree on major aspects of the estate plan or they may have communication issues. Here are some tips for navigating the process.

https://bit.ly/3UIrrOL

11/08/2022

Should Your Attorney for Personal Care Be Paid?

The answer to this question really is a matter of personal choice and circumstances. Many people choose close relatives to act in this role such that they’re certain their appointed attorney will not want to be paid. That being said, this role can be quite time-consuming and therefore the question warrants some consideration.

https://bit.ly/3Timvia

11/07/2022

No Children? Then What Happens If You Die Without A Will?

If you die “intestate”, meaning without a valid will, your assets will be distributed according to the law of the jurisdiction in which you live. In Ontario, relevant legislation outlines an order of distribution regarding who gets what if you die intestate and have no children or grandchildren.

https://bit.ly/3DMElEu