Latest Blog Post – Page 3 – Mountain Vista Law

October 26, 2018October 19, 2018

Lawyers are smart, but not always that smart!

This month we decided to share a story we came across recently. Hopefully it’ll provide you with a laugh as we head into the weekend.

“Maybe the best lawyer story of the year, decade, and probably the century.

A Charlotte, North Carolina lawyer purchased a box of very rare and expensive cigars, then insured them against fire, among other things. Within a month, having smoked his entire stockpile of these great cigars and without yet having made even his first premium payment on the policy, the lawyer filed a claim against the insurance company.

In his claim, the lawyer stated the cigars were lost in a series of small fires. The insurance company refused to pay, citing the obvious reason that the man had consumed the cigars in the normal fashion.

The lawyer sued … and WON! (Stay with me here.)

In delivering the ruling, the judge agreed with the insurance company that the claim was frivolous. The judge stated nevertheless, that the lawyer “held a policy from the company in which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be unacceptable fire” and was obligated to pay the claim.

Rather than endure a lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000 to the lawyer for his loss of the rare cigars lost in the “fires.”

NOW FOR THE BEST PART…

After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON! With his own insurance claim and testimony from the previous case being used against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.

This is a true story and was the First Place winner in the recent Criminal Lawyers Award Contest.

Only in America!”

Source : http://www.berro.com/joke/best_lawyer_story.htm

Disclaimer :

Although we are a law firm, this blog post does not constitute legal advice. It is for informational or entertainment purposes only and shouldn’t be seen as financial or legal advice of any kind. You should consult with a lawyer before relying on any of the information contained in this blog post. We can be contacted at (403) 981 0700 to set up a consultation with one of our lawyers who can review the specific circumstances of your matter and provide you with personalised legal advice.

October 12, 2018November 14, 2018

How to Choose Your Lawyer

Choosing a family lawyer can be a very difficult and stressful process. Everyone has fears that they will end up with the lawyer who is money driven and does not care about their situation. Lawyers are very different from one another, and it is important to get the right fit for you. After all, we are dealing with your family and your future.

How do you ensure you get the right fit?

1) Meet with the lawyer before you decide. If necessary, meet with more than one. It is very important that you and your lawyer trust each other, and that you feel as though your lawyer understands your goals and what is most important to you. If during your initial meeting you don’t get a good feeling, trust your gut and move on. It is way cheaper and easier to move on early in the process than to try to switch lawyers part way through.

2) First impressions matter. The organization and initial feeling of the firm can be an indication of the treatment you will receive as a client. Lawyers rely heavily on their support staff, and good lawyers will ensure they surround themselves with good people. You want to make sure the firm feels friendly and welcoming as a whole, and makes you feel as though you are not just a number but an actual person with specific needs.

3) The elephant in the room – Costs.

a) Hourly Rates. Most family law matters are dealt with on an hourly basis and lawyers hourly rates vary widely. Typically, an hourly rate is based on experience. Experience, however, does not always mean valuable or applicable experience. Quiz your lawyer about what their experience is and if they have had your type of file in the past. If cost is a particular issue to you, also ask what options you may have to keep costs manageable.

b) Junior v. Senior. There is no hardline definition of what a “senior” or “junior” lawyer is. Senior lawyers have been practicing longer, but don’t fall into the trap of believing that necessarily means they are better. There are plenty of junior lawyers out there who are fantastic, are most up to date on the current laws, and have the best passion for their work. Be wary of lawyers who continuously refer to themselves as “senior counsel” as this may be an indication that they have a false sense of their own abilities. Dig a little deeper.

c) Case Specifics. Some cases can be resolved out of Court, others may require litigation. Litigation is always costly. There are plenty of methods of alternative dispute resolution that may be appropriate for your case, and may save time and money. Be sure your lawyer advises you on all of your options, not just those focused on litigation, and whether or not they are willing to pursue those alternatives.

4) Be upfront about your expectations, and ensure you get answers that make you comfortable. Ask the lawyer what their standard of practice is. For instance, if you are someone who likes constant communication with your lawyer, you will not find success with a lawyer who takes a more hands off approach (though keep in mind, every communication does cost money). On the other hand, someone who does not like to move quickly or feel like they are under time constraints may feel pressured by a lawyer who wants to get things done expeditiously. Either way, there is no excuse for a law firm not returning your calls within a reasonable amount of time. One to two business days is industry standard, unless your lawyer is away or fully booked on a file, in which case someone at the firm should be able to notify you and help you out in the event of an emergency.

5) Keep in mind that a lawyer can’t promise anything. Be wary about a lawyer that tells you they will get you everything you are asking for without any hesitation. Court is very difficult to predict, regardless of the strength of your case. You should find a lawyer that is willing to go to bat for you, but also tell you when your demands may not be achievable. A good lawyer won’t promise the moon just to get you in the door.

6) Trust the experience of others, but take them with a grain of salt. Research your lawyer. Positive reviews are a good indication that a lawyer and their staff will treat you with respect and take your case seriously. Ask around for personal recommendations, particularly people who have experience with the lawyer in their professional capacity. Also keep in mind that some people have had negative experiences as law, by it’s nature, is confrontational. No matter how good a lawyer is they won’t win every case or be the right fit for every person. A single poor review may not be reflective of the lawyer’s abilities, but be more of an indication of a bad fit. On the other hand, multiple poor reviews are a red flag. Google reviews, social media reviews, and Lawyer Ratingz (www.lawyerratingz.com) are all good places to start.

There are many fantastic family lawyers out there who will make it their goal to guide you to the best outcome possible. Shop around, do your homework, and most importantly trust your intuition.

Article by Candace Wray

Disclaimer :

September 28, 2018January 2, 2019

You’ve been named as an Executor? What next?

You’ve been named as an Executor? What next?

Your role begins the moment your loved one passes away so it’s important to know what rights and responsibilities you have and how you should exercise those powers. They can be broken down into the following five steps:

Step One – Make funeral arrangements

Perhaps surprisingly, there is no obligation to consult with the deceased person’s family. Where practical to do so, it is still preferable to obtain their input, but the ultimate decision about what should happen to the deceased person’s remains lies with you. The funeral expenses are paid out of the estate and must be reasonable in all the circumstances. Unless you get a draft from the deceased’s person’s bank, you may have to pay those expenses first and seek reimbursement from the estate once the grant of probate is issued. This unfortunately could take months.

Step Two – Identify estate assets and liabilities

This is your first big task and one of the most important (and time-consuming) ones. The key thing to do is to keep a very clear, organised inventory of all the estate assets and liabilities. This is going to be vital if you are ever challenged. This could include property in Alberta, outside the province, or in another country altogether.

Step Three – Obtain a grant of probate if necessary

It is sometimes possible to administer an estate without a grant of probate but, in many cases, a grant of probate will be required in order to withdraw assets from financial institutions, or transfer land. It is an application that is made to the Court including the relevant forms.

Step Four – Satisfy debts

The next step is to ensure that all debts (testamentary expenses, taxes and other debts) are satisfied before the assets of the estate are distributed. Provided you are satisfied that the estate is large enough to pay all debts, you can pay the debts of the estate in any order. If there is any concern there may not be sufficient assets to pay them all, it is vital that you pay them in the order specified by the legislation.

It is also possible to advertise for creditors and claimants to ensure you find them all. Executors can be held personally liable for debts if they start distributing the estate to beneficiaries before all debts have been satisfied.

Step Five : Distribute the estate

The final step is to distribute the estate to the beneficiaries. You are entitled to be paid a reasonable amount for your work as an executor, taking into account various factors.

Whatever is left after the debts have been paid, including your compensation for acting as executor, should then be distributed. It is good practice to obtain a release from each beneficiary before distributing assets to them to ensure that there is no dispute at a later stage.

Whether or not that is the end of your responsibility, or just the beginning, will depend on whether there are any ongoing roles for you to fulfil, such as maintaining or administering any trust.

We hope the above information helps to get you started in your new role as an executor. If you need any more information, or would appreciate guidance along the way, our lawyers at Mountain Vista Law would be pleased to help you. Feel free to call us on (403) 981-000 and we can set up an appointment to discuss your options with you.

Article by Paul Manning

Disclaimer :

Although we are a law firm, this blog post does not constitute legal advice. It is for informational or entertainment purposes only and shouldn’t be seen as financial or legal advice of any kind. You should consult with a lawyer before relying on any of the information contained in this blog post. We can be contacted on (403) 981 0700 to set up a consultation with one of our lawyers who can review the specific circumstances of your matter and provide you with personalised legal advice.