When settling the estate of an individual there are often hurdles and hiccups that must be navigated. If you are  an Executor of an estate that has property to sell, we expect that you may have some serious questions. Read more about what to expect when you are appointed as an Executor in Ontario here. In this most recent in our series of posts about executors and estates, we hope to clear up some of the common questions and concerns when it comes to selling a property that is part of an estate.  First steps to consider when selling an estate property. If you are an Executor and have ..read more

It is said that hindsight is 20/20. However, after an issue arises, this advice never seems to be helpful, does it? Two weeks until closing is never an ideal time to find a problem, particularly if the problem is related to the title search!  As promised in our last newsletter, we are going to break down some additional red flags that you should look for when reviewing a title search on your client’s property.  Not all title searches are created equal. Did you know that a real estate lawyer’s title search just before closing can sometimes find red flags that could have been rectified ..read more

In Ontario, pets are considered property so the same rules of guardianship of your children do not apply. In fact, when it comes to your estate your beloved cat is considered as no more valuable than your couch, or your sweet dog is only as important as your dining room table. A recent article in the news has highlighted how the courts see pets. From cbc.ca, “A legal tussle over a dog has cost both sides thousands in legal fees — and plenty of heartache — while highlighting how the law treats pets in estate battles.” Leonard suddenly passed away. Leonard owned a dog, R ..read more

In a real estate lawyer’s perfect world, sellers would have a title search done for their property before the listing goes live. But life isn’t perfect, and this isn’t usually the case. A title search is usually conducted just before the close of the property. Simply put, “title” refers to the legal ownership of a property. When you are selling, the deal will not close without a current title search on your property. A title search ensures there are no hindrances for a new owner taking possession. Often, a title search will go through without a hitch. A title search happens before the Requisit ..read more

As a real estate agent, you have a ton of insight and knowledge into the properties your clients are listing or are interested in buying. One of your tools is a title search which can show you red flags before you list a property, or (ideally!) before your client puts in an offer on a new property. But did you know that your title search through GeoWarehouse differs greatly from a real estate lawyer’s version through Teraview? In a real estate lawyer’s ideal world, a title search would be conducted BEFORE every property is listed. While this may not be common practice, having the search done b ..read more

Is 2024 the year your family is expanding? If you are expecting a baby or plan to start your family, first we want to give you a big congratulations! We know you have a to-do list a mile long when it comes to preparing for your new family member, but we are here to add another very important thing to your list. Planning for your new family should include making changes to your will or creating a will if you have not already done so. Many new parents often overlook the process of planning for their future when it comes to their family. We want to share how important it is to have an estate plan ..read more

One of the biggest challenges of estate planning is ensuring that your assets end up in the hands of the people you choose. In your will, you will appoint an Executor who is responsible for your estate after you pass away, which includes distributing your assets. (We have more about what you can expect in your role as an Executor here.) Every will is going to be unique based on your assets and your beneficiaries, but when you work with an estate planning lawyer the process doesn’t have to be complicated. When you plan your estate with McMurter & Associates we have a specific formula that w ..read more

At McMurter & Associates, we are seeing more distressed buyers than in recent years with increased interest rates and the stress test that buyers must go through with their lender. This also applies to buyers purchasing a home or condo that is not yet built or in the planning phase of development. Can a real estate lawyer help with the purchase of a new build? Can a real estate lawyer help with the purchase of a new build? What if you were pre-approved for a mortgage for a new build two years ago, but your lender is not approving you today? You’ve been patiently waiting for your new home t ..read more

There is no simple answer when it comes to wills, the process of probate and estate administration. Each situation is unique and varies on numerous factors. In a time of grief after the loss of a loved one, the process of being an Executor is tricky to say the least. In the simplest terms, an Executor carries out the wishes of the deceased as outlined in their will.  What are the responsibilities of an Executor? Take care of all the affairs of the deceased as outlined in their will. Pay all taxes, bills and any other debts. Distribute the remainder of the estate to the beneficiaries as ou ..read more

Real estate lawyers are the ones who work behind the scenes to make sure your real estate transaction goes as smoothly as possible. A real estate lawyer protects their client’s rights as laid out in the Agreement of Purchase and Sale. Your lawyer will ensure that all parties in the transaction have fulfilled their duties as outlined in the contract. They ensure the property taxes are up to date, ensure there aren’t any liens on the property, handle the funds to the appropriate parties, and land transfer tax… just to name a few things! When do you need to contact a real estate lawyer in a real ..read more