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Probating Estates and Estate Disputes

When disputes arise in the administration of an estate, it is essential that they be resolved efficiently, quickly and cost-effectively.

At Rogers Law Firm we provide estate dispute resolution services to Carleton Place and Lanark County. If you need help resolving an estate dispute or conflict, contact our law firm today for experienced counsel and proactive representation.

Estate disputes can involve a broad range of disagreements but most often involve one of the following areas:

  • The meaning of the will. Who exactly is entitled to receive which property and when according to the wording of the document?;
  • Executors' compensation. Executors are generally entitled to compensation but its determination often gives rise to uncertainty and sometimes disputes;
  • The valuation of bequeathed items. If property is to be divided evenly between beneficiaries, then the accurate valuation of property is highly important;
  • Executors' performance. Beneficiaries and executors can disagree on the handling of the administration of an estate.
  • Allegations of undue influence, suspicious circumstances or other grounds to invalidate a will, trust or power of attorney.

Guardianship and Management Plans

When a minor, loved one with special needs or other individual whom you care for or have obligations to is incapable of managing property and personal care including making decisions with regard to shelter, nutrition, medical and health care, it may make sense to have a guardian appointed for that person. A guardian has the legal authority and duty to care for the personal care and property of the incapable person.

Guardianship law and procedure are complex and hold guardians to a high standard of care. We practice in the following guardianship processes:

  • Obtaining court approval to be appointed as a guardian;
  • Preparing a management plan;
  • Administering a guardianship;
  • Managing the incapable person's finances, including investing and distributing funds and protecting wealth through effective estate planning.