Real Estate Law
We understand that real estate is a major investment and needs to be protected with a solid legal plan. We provide proper guidance to answer all your questions, eliminate uncertainty and alleviate concern. Our real estate practice at Fader Furlan Moss LLP, covers issues encountered by individuals and businesses planning to purchase, sell or develop real estate and undeveloped land.

Trusted and experienced legal representation is a vital element in your relationship with individuals, businesses, municipalities and the public sector that can be involved in real estate matters at different stages of the process.

We offer sound planning and dispute resolution related to all aspects of real estate and commercial development including:

• Purchase, Sale and Transfer of real estate.
• Mortgage, foreclosure, and eviction.
• Contract drafting and review.
• Breach of contract disputes.
• Landlord/tenant disputes.
• Closings.
• Lease/Purchase agreements.
• Land use and zoning.

Purchasing a home? Download “Working With A Lawyer When Purchasing A Home”. The booklet is produced by the Ontario Bar Association and contains a great deal of important information including the considerations in choosing Title Insurance.

Estates
What am I supposed to do?!! This is a common question we hear when a client calls to tell us that someone close to them has passed away. In addition to the feeling of loss, these clients also struggle with the upset that comes from not knowing. Clients appointed as Estate Trustees (Executors) of a Will experience similar feelings of dread when the person who appointed them dies.

Our goal is to inform and reassure clients who are faced with looking after the affairs of someone who has died. We cannot take away the loss, but we strive to make the days that follow easier to endure.

Many clients do not realize that they will be personally liable for their mistakes or improper conduct in looking after a deceased person’s affairs. Our goal in assisting clients is to ensure that they carry out their estate responsibilities properly and without personal risk.

Some early things that need to be done when a person passes away:

• Return their Driver’s Licence to the nearest office of the Ontario Ministry of Transportation and Communication;
• Return their Health Card to the Ontario Ministry of Health;
• Return their Passport to the nearest Passport Issuing Office;
• Cancel, destroy or return their Credit Cards and instruct the companies that issued the Credit Cards to close the Credit Card Accounts and send final bills;
• Make Application for the Federal Death Benefit if applicable.

Wills and Powers of Attorney
Wills and Powers of Attorney are two of the most important documents that most people will ever sign. The list of benefits that will flow to your family from the act of your making a valid and enforceable Will and effective Powers of Attorney is practically endless. The benefits translate into fulfilled wishes and savings in money and emotional turmoil.

We work with clients to ensure that their Wills and Powers of Attorney are valid and effective to ensure their wishes are realized. We apply our legal skills, training and experience by listening to our clients and by giving them advice about their plans. We then express those plans in written language that cannot be misinterpreted.

If our client has been working with an estate planner, investment adviser, insurance representative, accountant or a combination of such skilled advisers we will take down the details of the plans they have created and translate the various aspects of the plan into precise language that will implement those plans on death or incapacity .There may be some legal consequences of the plan that the other professionals have not had an opportunity to consider. We will work with those other advisers and confer with them in order to ensure that the legal consequences are accounted for in the plan.

Wills and Powers of Attorney-Myths and Facts
Myth: “If I die without a Will everything goes to the government.”
Fact: If you die without a Will your estate will go to beneficiaries but they may not be the beneficiaries you want.

Myth: “It is just me and my spouse and the kids. If I die my spouse will get everything.”
Fact: Depending on how much you have your spouse may not get everything. Your spouse may have to share your estate with your children. The Public Guardian’s office will hold your children’s share of the estate if they are underage.

Myth: “We really don’t have much now so we don’t need to make a Will.”
Fact: You need a Will to appoint guardians for your children if both of you die. There could be unexpected expenses and complications for your surviving family if you do not use a Will to name your Estate Trustee (Executor), the person responsible for administering your estate.

Myth: “If I become incapacitated my spouse will look after me and my finances and care.”
Fact: Your financial affairs and care will come under the control of the Public Guardian the moment you become incapacitated unless you have written a Power of Attorney appointing your spouse to have responsibility for those things.