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By: Peterson Mullen & Co  09-12-2011
Keywords: Real Estate, Lawyers, Legal Services

Wills & Estates

Why a will?

Life is often unpredictable, but peace of mind comes from being prepared for any eventuality.  If a person dies without a will, the government’s Intestate Succession Act decides how the deceased’s property will be distributed, and the court will decide who will take care of your children. Despite his or her stated or shared intentions, a deceased person who did not create a legally valid will when alive will not be able to dictate what is done with their belongings or who takes care of their children after death. Regardless of financial situation, a will is the best way to ensure your intentions are followed and those who you care about are provided for in the manner you feel is best. At Peterson Mullen & Co., we have drawn up hundreds of wills over the past 28 years, and have the experience and knowledge necessary to ensure your will manages the future of your assets, not government legislation. Please download and fill out the information form below so that we can help protect your legacy.

To complement our legal services involving wills and estates, Peterson Mullen & Co. also advises clients concerning the creation of Enduring Power of Attorney and Personal Directive documents. Most of the time, when clients come in to prepare a will, they also choose to complete an Enduring Power of Attorney and Personal Directive. These two legal instruments allow an individual to grant a trusted representative the legal powers to make personal, medical, and financial decisions on their behalf if they become incapacitated due to illness, age, accident, or for any other reason. When a person becomes able to make rational decisions again, the legal powers are taken away from the trusted representative, and returned to you.

What is a Personal Directive?

A Personal Directive takes effect upon incapacitation and allows your representative to make personal and medical decisions. For example, your agent can give authorization for surgery, to terminate life support, or make arrangements for where you will live. This way, you can be certain that someone with your values and best interests at heart is making decisions for you when you aren’t able.  

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is similar to a Personal Directive in that it usually takes effect upon incapacity, except that the trusted representative is given the authority to make decisions concerning your property. These could include the power to pay bills, cancel accounts no longer needed, or to sell or mortgage property. 

What happens if a person is incapacitated, but has not designated a trusted representative?

Without these documents, family members or friends of the incapacitated individual will need to make a court application to have these powers granted to them, costing a great deal of time that may not be available. Additionally, the financial costs can be high as lawyers may need to be consulted and used to make the application. 

These documents ensure that your trusted family members or friends will be able to more effectively and efficiently care for you and/or your dependents in times of crisis, rather than a public trustee appointed by the court system or legislation. It is your property, and your decisions.  If you are unable to make them, you should be able to choose who can. 

Real Estate

For most of us, the real estate we own is our most valuable asset. Therefore, any transactions involving our homes or mortgages deserve extra special attention to ensure that title properly transfers, or that new mortgage effectively comes into place. At Peterson Mullen & Co., we represent parties in dozens of real estate transactions every month. Over the past 30 years, we have forged solid relationships with mortgage brokers, bankers, and realtors so that we can ensure your transaction goes smoothly. If you are paying out your mortgage, we ensure that your payout penalty is kept to a minimum.

Corporate Commercial Law

Family Law

No one is ever happy to call a family lawyer, but divorces, separations, and property disputes can appear to be a confusing and never-ending maze of complicated documents and formal applications. Lawyers at Peterson Mullen & Co. have been working with families in South Calgary for almost 30 years, and we  focus on minimizing the emotional and fiscal toll exacted by family breakdown through negotiating agreements between parties whenever possible, and avoiding costly trials and court appearances. As another method of prevention, we can also provide legal advice concerning pre-nuptial and cohabitation agreements. Please feel free to contact us for a consultation so that we can advise you regarding your legal rights and interests.

Keywords: attorney, Lawyers, Legal Services, Personal Directive, Power Of Attorney, Real Estate, Wills

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