Legal Minute with CBM Lawyers CBM Lawyers

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What is committeeship?

CBM Associate, Janice Papp, discusses how to prepare for an upcoming Will appointment.  

When I meet with a client in order to take instructions for a will, I really appreciate that they come prepared with certain information and documents that they have it in their possession. And what that does, it it really helps me utilize the time in the best way possible, especially during the initial appointment. For example, if my client already has an existing will, I will ask them to bring a copy in. Who is the client going to name as an executor and a backup or an alternate? And something I like to remind my client prior to the appointment is that they actually speak to the intended executor or the backup to make sure they have that person's consent. Acting as an executor certainly carries a huge responsibility and can very be very frustrating and stressful at times.   

And not everybody's cut out for it. If there's minor children involved, those being under the age of 19, who is the client going to name as a guardian in case both guardians or parents are gone. In a traditional family setting I will ask the client, what would they like to do with their estate if they don't have a spouse or children? And what I find fascinating is most people will not think past that scenario.   

They don't consider what we call or refer to as a common disaster where the deceased is not survived by any spouse or children. And why that's so important to include in a will, even though it may never happen, is that the will-maker gets to be the decision maker in who the beneficiaries will be instead of relying on the court to make that determination. I also appreciate it when a client brings in a summary of their assets and their liabilities or their debt. What that does for me, it assists me with determining if the client's instructions are going to be reasonable, fair or adequate, depending on who the beneficiaries are and related to the assets and liabilities is the question.   

Has the client given out any loans during their lifetime? And is there an expectation that those will be repaid or forgiven upon the lawmakers death? Having all this information and documentation at the first appointment means that we can provide a will for the client that not only meets their expectations and needs means we can also provide it in a very timely fashion.  

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