With that, more and more people have been opting to aid their family members or friends by providing them with either a financial loan or gift. Last year in Canada, 37% of homebuyers received financial help from someone in order to buy a house – a rather large 6% jump within the last 4 years. It’s important that when you consider helping someone purchase a house, you review all the risks first. Can you afford to help your child buy a house? Will you be jeopardizing your own finances in any way if you decide to help? Can your child keep up their end of the bargain be able to pay you back if you choose to loan them money?

Once you carefully evaluate the possibilities, it is best to review with a lawyer or financial advisor. You can then take a look at the options available when helping someone financially with purchasing a house.

You can gift money

When you gift someone money, there is no intention of having any of that money paid back to you. It’s simply just a gift. Well, maybe not completely simple. If you decide to gift your child money, you’ll usually need to sign a declaration stating that the money you plan on giving is not to be returned or paid back. One of the great perks of gifting money in Canada is that the money is not taxed.

The other way of gifting money is also viewing it as a “living inheritance”. Instead of passing down money as part of your will, you can gift it to your child. That way, they can use that money as part of their down payment on their home and use it while they are young. It is very important to look into legal repercussions or financial risks when considering this option though.

You can loan money

If gifting money isn’t an option, you can loan your child the money. What this means for you is that the money you lend will be returned to you and as an added bonus, the interest rate on the money loaned from you will more than likely be less than what your child’s mortgage rate would be. You get your money back and your child pays less interest so it’s a win-win situation.

It’s very critical that you are clear with your child about your financial expectations though. How much of an interest rate with there be on the loan? How much will you be loaning? How and when will your child repay you? You’re not a bank but remember this is your money and your financial future at stake here. You love your child, but don’t jeopardize your money if you aren’t 100% confident there will be no issues. With a loan as well, it could impact the down payment on the house. In some cases, a loan is not considered a down payment from your child. This could possibly mean paying a surcharge from the Canada Mortgage and Housing Corporation. There is a lot of trust involved when it comes to loaning or gifting your child money for their first home and that is the most important thing to remember. You love your child and want the best for them, but you also want the best for yourself and you don’t need to endanger one to make the other happen. That’s why it’s important to get the right legal advice on a decision this big -and at Ares Law, we can do just that for you. With our expertise and professional advice, we can help you navigate all your options and help you land on a decision that won’t compromise anyone’s financial future. We specialize in wills and estate planning and want the best for you and your family’s future. You can reach us at our Bracebridge office at (705) 645–8743 and let us start helping you today!

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Marital status and the law

Are you currently married, living common-law, separated or divorced? These different marital statuses matter more than you may think. With regards to your estate when you pass away, it can have a significant impact that may, or may not, benefit your loved ones.

• Married

As soon as someone is legally married, it instantly revokes or cancels their current will; it’s as if it never existed. A new will should be drawn up whenever someone marries. If there is no will, the current, legal spouse is entitled to the estate. However, there are instances where a previous spouse can claim support or maintenance either with or without a will (also called ‘dying intestate’).

• Divorced

In Ontario, your will isn’t canceled or revoked when you get divorced. However, any mentions or references in your will to your now ‘ex-spouse’ will be removed and they will not have access to your assets or estate. Further, if they were previously named executor or trustee, this too will be withdrawn. Everything else outlined in your will remains the same.  

• Separated

If you’ve been separated from your legal spouse for 10 days or 10 years, it still does not impact your will if you haven’t updated it since the separation. The courts still consider you legally married, and as a result, your spouse is entitled to your estate unless otherwise stated in your will, even if you now live with someone else.

Don’t have a will?

There are a couple of different scenarios if you pass without a will. An executor will be appointed by the courts to help manage your estate distribution, and in some cases, a trustee will be assigned as well. Dying intestate is naturally a complicated, time-consuming, legal affair, which can also be quite costly and eat away at your estate in legal and other fees. Here’s what can happen:

1. If you’re divorced (or never married) and have a common-law spouse

Here is a surprising legal fact for many: A common-law partner has NO legal claim to your estate if there is no will, plain and simple. While they may seek support for dependant children or themselves, they won’t inherit your estate the same way as a legal spouse would. Another Ontario law to be aware of is that if your common-law partner is not on the title or deed to the property you shared, they can be legally locked out and the home will be considered one of your estate assets to be distributed, even in cases where the common-law partner contributed regularly to payments and upkeep of the home.

• If you are separated but have a new common-law spouse

If you have a current common-law spouse but did not obtain a divorce from a previous marriage, your ex-spouse can claim your estate. Some people think this is not the case if they filed a legal separation, but in the eyes of the law, you remain legally married and your legal spouse has the rights to your estate if you don’t have an updated will to reflect otherwise. There’s no denying that your marital status matters when it comes to your estate. That’s why it’s imperative to have your last will and testament drafted immediately whenever your marital status changes. Otherwise, your estate can go into the hands of the wrong people, and/or get tied up in a lengthy legal battle. Protect your loved ones and ensure your hard-earned assets go to the people you intend them to go to. The solution is simple; come and see us to draft up your will! It’s easier than you may think, and well worth the effort. At Ares Law, we’re wills and estates specialists and it’s our job to walk you through the process and let you know your options. Connect with us today by calling 705-645-8743; we look forward to meeting you!

The post Your Marital Status & Your Will: What You Need to Know appeared first on Ares Law.

Be prepared to compromise

Some people don’t like change, especially when it comes to family traditions. For this reason, you may get a bit of resistance at first if you’ve never spent the holidays away from home. If so, remind them of all the things that will stay the same in terms of the holiday food, decorations, music, and so on. Give everyone in the family a chance to have some input and make suggestions about how they envision it personally. If you have teenagers or grown kids, expect to do some shuffling between their plans with friends, sweethearts or spouses and their work schedules in order to really make it work.

What to pack

There’s always a jam-packed vehicle when heading to the cottage, but be prepared to haul even more to your holiday festivities. You’ll need to bring decorations and gifts, as well as wrapping paper, baking supplies, extra bedding or blankets, and warm winter outerwear and gear. Don’t forget to pack extra games, supplies for making fun Christmas crafts, cherished holiday movies or books, and don’t forget you’ll need copious amounts of hot chocolate! If you’re not used to being in Muskoka in the winter, you’ll definitely need snow tires, a shovel or two, and a charger for your car battery…just in case.

Keeping active

Your cottage is a fresh-air oasis during the summer, but in the colder winter months, it may take a bit more prodding to get people outdoors. Why not decorate an outdoor evergreen tree, build a winter fort or have a snowman-building contest? An outdoor bonfire is always beautiful, as is star-gazing and crisp winter hikes – and don’t forget to bring your cameras to capture those stunning winter sights. You can also go snowmobiling, snowshoeing, cross-country skiing or ice skating. If it’s rainy or grey, you can head into town for a movie, a game of pool or darts, or maybe just to grab a bite!

Making new memories

The holidays are hectic enough for most busy families, which is why slowing things down a bit at the family cottage can be just what everyone needs in order to regroup and refocus. With fewer distractions, you’ll all be able to enjoy each other and the scenery that much more. While it may look and feel different from your usual celebrations at home, your cottage getaway over the holidays might just end up being even more festive and fun than you had ever imagined! While your cottage is all about the enjoyment, be sure to keep safety top of mind and help protect your family and guests from accidents and mishaps.

If you’ll be enjoying your holidays at the cottage this year, we hope it’s magical! If you’ve got questions as a cottage owner or want to buy one but aren’t sure what’s involved, be sure to talk to the experienced real estate legal team at Ares Law. Not only are we your local experts, we’re the knowledgeable team you want on your side. Call us at 705-646-8743; we look forward to working with you!

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It’s important to talk with a few different sales representatives before making your decision. While there may be pressure from a friend, family member or neighbour to use their services, don’t forget that it’s your decision! You need someone who you genuinely connect with and who you’re confident will do the job right. To help you along in your search, we’ve outlined the top 5 things to consider before you sign on with your next sales agent.

1. Availability

Many real estate sales reps have other jobs, especially during times when the markets slow down. This can mean they are less available for you and may not be able to work around your schedule. If they are highly motivated and good at answering your calls, text messages and emails, that’s a good sign. Further, many real estate sales agents employ teams of other reps, and you may never actually get to work with the person whose picture you saw on the billboard or whom you initially called, so make sure you understand the ‘team’ dynamics and know who you’ll be working with.

• Local knowledge

Buying or selling a cottage, commercial property, or rural home for example in the Muskoka region is very different from other markets. Your real estate agent should be familiar with our local by-laws, properties, prices, other agents, local industry professionals, and so on. They need a solid understanding of your area to best do their job.

• Real estate expertise

Your real estate agent should have a decent number of successful closings under their belt, or at least be training with someone who does. You want someone who specializes in your type of sale or purchase, whether it’s residential, commercial, cottages, condos, farms, and so on. Each step of the process should be carefully explained to you, including the various paperwork and the legalities. Every home sale or purchase is different from the last, so the more experience they have, the fewer unexpected surprises you should expect. The more they understand real estate markets, trends, forecasts and related technology, the better they can serve you.

• Strategy

When you first meet with your sales agent, ask him or her about their actual plan to sell your property; you don’t want to hire someone who’s happy to ‘wing it’. Their plan should include a marketing strategy, staging tips, your listing options and so on.

• Negotiating skills

You need a go-getter who isn’t afraid of tough negotiations. If you want to get the best price or are committed to getting your dream home, don’t work with a Realtor who will shy away from doing their best to get you what you want.

If you’re on the hunt for a reputable, hardworking real estate sales rep in Muskoka, be sure to call Ares Law in Bracebridge at (705) 645–8743. We work with real estate agents every day, and we have compiled a list of the ones we highly recommend. We’re also here for all of your real estate concerns, questions, contracts and closings; we look forward to hearing from you!

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1. Remote security & cottage monitoring systems

An empty cottage with no one around is tempting for would-be thieves. There are a few ways to deter them as well as monitor your property without having to be anywhere near there. Some home security or monitoring systems may need to be professionally installed, but many are easy to DIY depending on your level of expertise. The best part? You can control everything from your desktop or smart phone, anywhere, any time of day. Some things that can successfully go high-tech include:

• Lights – Indoor or outdoor floodlights can be set on timers or turned on and off at your whim. For outdoor lights, you can look for solar-powered ones too.
• Cameras – exterior, interior, hidden, night vision, motion-detecting, etc. You can monitor it all from your phone and get push alerts for emergencies.
• Thermostats – control your heat, humidity and even air quality from your smartphone.
• Alarms – set it to scary barking dogs, loud sirens, or other sounds to scare off uninvited guests and alert neighbours. You can have your system link in with local police or fire departments too.

2. Pest deterrents

Plug in an environmentally safe device that repels rodents by emitting strong sound pressures that are unpleasant enough that they’ll pack up and move on. They use very little energy, just be sure to unplug it when you return for the warmer months.

3. Plumbing and sump pump systems

Don’t let your cottage flood during the spring thaw. Even with a power outage, you can buy a sump-pump water alarm that detects water levels and sends a message to your cell phone in case of higher-than-usual levels. You can also buy an automatic water main shutoff system which involves installing sensor pads on the water main to detect moisture.

4. Staying connected

You can set up a group chat of neighbouring cottagers or your cottage association through a variety of social media channels to stay connected or update one another on any goings-on that need attention.

Even if you have someone who checks on your cottage during the winter or you head up there on occasion yourself, it’s good to know you have terrific technological options at your disposal to protect it more thoroughly. If you’re interested in purchasing a cottage or vacation property here in the Muskoka region, call on the team at Ares Law today at 705-645-8743 to set up an appointment. We specialize in real estate law in Bracebridge and the Muskoka region, and it’s our job to ensure your investment and your legal rights are properly safeguarded.

The post Winter Tech Tips to Protect Your Muskoka Cottage appeared first on Ares Law.

What is a pre-approval?

Mortgage pre-approvals are conducted by your bank, credit union or other lenders to determine your financial capability to carry a mortgage loan, and to give you an estimate of the amount of the loan they will approve. Not only does this help you narrow down your house-hunting search to find properties within your budget, but your lender can give you a good idea of what interest rate you can expect to pay as well. While a pre-approval can make your home-buying process run more smoothly, keep in mind that it doesn’t happen overnight; it’s a deep dive into your financial background and there’s a lot of paperwork involved. Let’s learn more about mortgage pre-approvals and why you should get started sooner than later.

Here are your top tips to better understand the process:

1. Gather up all your documents – Your lender will review your credit score, as well as ask for pay stubs, financial records, credit card bills, debt and asset lists, income tax information and more in order to determine if you are a safe financial bet.
2. Avoid ‘online’ mortgage pre-approvals – Make sure you connect with a real finance expert during this process.
3. Feel free to shop around for your mortgage – Mortgage lending is a competitive business, and you have every right to shop around to find a lender and/or rate that works best for you.
4. Get a written copy of your pre-approval letter – Although your pre-approval is not a legally binding document (it’s more of a guideline), make sure you get it in writing and don’t settle for a verbal agreement.
5. Read the fine print – There is a lot of legal, financial terminology in a pre-approval letter, so be sure you understand it all before going forward with your offers or purchases.
6. Start your house hunting – Just don’t forget to stay in your lane when it comes to looking at properties that fall into your budget as outlined in your pre-approval. If you go beyond that amount, you may find yourself without enough financing to close the deal.
7. Don’t waive the financing condition – Even with a pre-approval in hand, you can still ask for a financing condition when you put in your offer. While some people might feel fully confident in pushing the offer through without it – they do so at their own risk. Remember that the pre-approval is not binding, and your lender will need to appraise the home’s value and so they can certify there’s enough equity in case of a default on the mortgage.
8. Don’t change up any life events – At least between the time that you got your pre-approval and you are house-hunting, it’s not a good idea to change jobs, make a big purchase, take out a new credit card or loan…or anything else that can impact your finances, thus impacting your mortgage pre-approval. The lender may decide that you no longer meet their qualifications, and you could find yourself suddenly without a mortgage approval.
9. Make sure you understand all the details of your mortgage – Especially if you are a first-time home buyer, there’s a lot to know and understand about a mortgage. For example, you need to know about incentive programs, interest rates, fixed vs. variable mortgages, payment schedules, amortization, and so on.
10. Work with a real estate lawyer –Be sure to work with a reputable real estate lawyer, who will review all the necessary paperwork with you, including your mortgage documents.
    

Whether this is your first home purchase or your 12th, getting pre-approved is an important step you don’t want to miss out on. There’s nothing worse than seeing someone’s dream home or cottage purchase fall through because the financing wasn’t properly sorted out. Be sure to connect with Ares Law for all of your real estate transactions. As independent legal advisors, we’re the only ones in your home-buying process who are completely impartial. It’s our job to make sure you and your investment are protected. Call our Bracebridge office today to make an appointment at 705-645-8743. We’re here for you every step of the way.

The post Mortgage Pre-Approvals – 10 Things You Need to Know appeared first on Ares Law.

You can appoint the same person to be both your executor and trustee, but be sure both you and they understand the different roles. Direct family members or close friends are often chosen to be executors, but if you are selecting a different person to be your estate trustee, it is not uncommon to choose a finance or legal professional.

Let’s look at the top-recommended traits for an executor or trustee so you can make an informed decision and choose the best person for the job. This is an important, legal role with hefty responsibilities and time commitments, so you need to be sure.

Tops traits needed in an estate trustee or executor:

1. Trust

Naturally, you want to select someone who is trustworthy, has integrity, and who will make strong, impartial decisions not based on emotions or intimidation.

• Able to handle the pressure

The person who does best in this role should be organized, calm under pressure and able to deal with any problems or conflicts that arise. If an executor makes a mistake when administrating the estate that results in a loss for the beneficiaries, they could be held liable for these losses. It’s important to note that when a will is carefully drafted and the deceased’s assets/finances are well-organized, the process is more likely to run smoothly.

• Time

At least for a short time, the job of the executor can be demanding. They may need to have visits and/or calls with the deceased’s family members and other beneficiaries, and likely need to spend time working with funeral homes, lawyers, bank or investment advisors, accountants, the courts and so on. If they live out of town and need to make several trips to finalize the estate or manage your home/property sale, that can also add extra pressure and expense for them.

• Health

When choosing your executor or trustee, don’t forget to take their age, health and overall ability to manage this job into account. For example, some people want to choose their parents as their executors, but forget to consider their lifespan or future physical/cognitive abilities when making that choice.

Finally, when you ask someone to become your executor and/or trustee, be sure to explain what the job entails. They may in fact, say ‘no’ if they don’t feel they have the time, ability or commitment. You can then go on to ask another trusted person, or you can hire a corporate executor or law office to manage this important job.

To help make your decision easier, connect with us. We specialize in helping Muskoka families with planning and executing their wills and estates. Call today to make an appointment at 705-645-8743. We’ll walk you through every step of the process so that you are clear and confident about your will and your choice in choosing someone to manage your estate.

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Here are 5 reasons why an inspection is an essential part of your home-buying process:

1. Safety & protection

Your home inspector will look for safety issues such as mold, mildew, carbon monoxide, asbestos, electrical problems, leaks, foundation issues and so on. If any worrisome issues are detected, you can then decide if you want to proceed with the purchase and begin repairs or renovations, or you can back out of the offer and continue with your search.

• Peace of mind

A home inspector looks at things that the average home-owner doesn’t know much about. For example, they will inspect the foundation, plumbing, electrical, insulation, furnace/AC units, ducts, eavestroughs, flooring and so on. In every area of the house both inside and out, they are trained to look at not just the general conditions, but also search for potential problems. They can also ascertain if something has been recently covered up or repaired, which can send off alarm bells for an undisclosed issue that can then be further investigated.

While a home inspector may not find every single issue with the home, particularly if it’s an advanced electrical issue, for example, their analysis is a great starting point for you to decide if the home is worth buying or not. If you don’t have the time or finances for big repairs, you can simply walk away from the deal! Alternately, if you get a glowing home inspection report, you’ll have the peace of mind knowing your home is in great shape.

• Negotiation leverage

If your home inspection reveals that repairs are needed, you can work with your Realtor to decide if you want to negotiate a lower price, or that the seller will conduct (and pay for) the repairs within a specified time.

• Education

Many new homeowners aren’t familiar with the basics of home construction or the various types of maintenance needed. The suggestions in your report will help educate you on ongoing and future issues, such as your attic insulation that may need raking and a top-up, window sill covers to protect against basement leaks, or knowing which kinds of tree roots can damage your foundation. Keeping your home in tip-top shape is the best way to protect your big investment, get top dollar when it comes time to sell, and most importantly, to keep you and your family safe.

• Insurance & legal issues

The condition of your home or cottage can impact your home insurance premiums, or whether or not you’ll be insured at all. If your property has features such as an oil tank, wood stove, or outdated wiring and plumbing, it’s a bigger risk to insure. Your home inspector can alert you to any concerns, and likely recommend upgrades or suggestions.

When it comes to buying a home, it’s important to do everything you can to learn all about it. While a home inspection takes a little more time and money during an already busy period, it’s worth it, in the end, to be fully informed and know the big picture. Be sure to select a reputable, certified and insured home inspector, and review your report carefully. At Ares Law, it’s our job to protect our clients by ensuring you are armed with all the facts and legalities regarding your property purchase. If you’re looking to purchase in Bracebridge, Huntsville, Gravenhurst and the greater Muskoka region, call us today at (705) 645-8743; you’re in good hands.

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Power of attorney for personal care

If you become incapacitated, you can let someone else make decisions about your personal care and health care through assigning an attorney. It may be required that a medical professional must determine if you are indeed incapacitated or incapable of making these decisions, especially if it’s around medical treatments or long-term care.

• Living wills

An important step in this process is to include a living will, which is a personal statement of your wishes for end-of-life care if you are unable to do so yourself. This can include medical treatments, life support wishes or even organ donations. It’s very helpful for loves ones when a living will is in place, as it saves them from making these difficult decisions on their own.

Power of attorney for property

There are two kinds of power of attorney for property. A ‘non-continuing power of attorney’ is someone who’s appointed to look after your property, assets and/or finances for a specific time, with a set start and end date. For example, if you’ll be in hospital or out of the country, you can appoint someone to act as your attorney for that length of time until you are able to resume your duties. 

The other type of power of attorney is a ‘continuing power of attorney for property’, who can act on your behalf if you become physically or mentally incapable – for an unlimited length of time. The understanding is that your attorney works to carefully protect and manage your assets.

Some of the key duties an attorney can carry out for you include:

1. Banking
2. Paying bills
3. Apply for benefits, pensions, or other money you may be entitled to collect
4. Monitor and manage your investments/portfolio

Who to choose

Clearly, the most important consideration when choosing your attorney is to pick someone you trust. Next, they must be mentally and physically capable of carrying out these duties. Before appointing anyone, talk to them first to make sure this is something they can do. Spend some time reviewing your wishes and stipulations so they have a thorough knowledge of the situation.

For your personal care, it’s important to choose someone who cares about you, but you cannot choose a health care practitioner, homemaker, attendant social worker…or anyone in a ‘helping’ or medical profession, as well as a teacher or landlord.

For your attorney for property, you can choose the same person as you did for your personal care, or someone different. You’ll need to choose someone who understands finances thoroughly; they will need to keep detailed records of all banking and business transactions, as well as manage your assets and general finances. You can also hire someone from an outside agency for your power of attorney, but be sure to do your research and get references first.

What happens when you don’t have a POA?

If you become incapacitated without a power of attorney, you run the risk of having a substitute decision-maker or another type of guardian appointed to make decisions on your behalf. Usually, this would be a family member, but if none were available, it would a court-appointed person. It’s often a lengthy, complicated and sometimes costly process, which can impede or hinder your personal or health care, assets and finances.

When to seek legal advice

Considering the importance of having your care and finances managed according to your own wishes, it’s recommended that you consult with a lawyer to discuss your power of attorney options. You can trust your lawyer to make sure your bases are covered and that all conditions and specifications are listed.

At Ares Law, we specialize in estate law and we can help you draft your power of attorney. It’s our job to advise you on your options and help you understand the process. We’re also are here to help you draft a legally binding will or work with you to update your current one if you don’t already have one. Book an appointment with us today by calling (705) 645–8743 and let’s get started.

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1. Examine documents

All home or cottage sales and purchases involve a lot of paperwork, and not just any paperwork…legal, technical paperwork. Documents such as your Purchase Agreement, conditions, waivers and so on will be carefully examined and edited according to your wishes, rights, and responsibilities. What many buyers and sellers aren’t aware of is that sometimes the Purchase Agreement is prepared by a realtor or clerk who may not have the expertise to draft such a unique, legal document, or they’ve “repurposed” old agreements without detailing your specific circumstances.

• Research & investigate

A real estate legal team knows exactly what to look for regarding property sales or purchases. It’s their job to research all and any issues; some of the most popular investigations surrounding:

• Liens or title concerns/fraud
• Environmental or protected lands liens on the home or property
• Past and present surveys
• Access, property boundaries, shore road allowances, and encroachment concerns
• Water and sewage requirements
• Property taxes and arrears

•  Behind the scenes

There is so much more that your attorney does for you that often goes under the radar. For example, they will work with your lender to sort out and finalize the finances, they connect with the other party’s legal team, and of course work with the real estate agent(s). They know exactly what to inquire about, what inspections, forms, and documents are needed, and who to speak to in order to get the job done.

• Closing time

There is so much more to a real estate close than just signing documents and getting – or handing over –the keys. In the days leading up to the closing date, your real estate legal team is busy making sure all documents and finances are prepared and that legal issues are addressed – and on schedule. They will explain your closing expenses, as well as secure your mortgage funds for you – saving you a trip to the bank and valuable time! Once the finances are looked after and documents are signed, they will transfer the title to the new owners, and finalize any other concerns, and then hand over those keys.

• Looking after you

It’s also important to note that a real estate lawyer has your best interests at heart and is there to represent you. They don’t have a financial stake in your property purchase or sale; whether it’s valued at $150,000 or $15 million, their sole job is to protect you and your investment without bias and ensure the process is legal and runs smoothly. It’s very comforting knowing that your rights and interests are protected when you hire a real estate lawyer. If you’re thinking of buying or selling your home, condo or cottage here in Muskoka, be sure to connect with Ares Law. As a highly trained, full-service real estate team with over 22 years’ experience, we’ve got you covered. Your real estate transaction is a big deal…financially, personally and legally, which is why you need to ensure you’re in good hands throughout the process. When you’re looking to hire a real estate lawyer, find out more about us and how we can be of service to you! Call us today at 705-645-8743 – we look forward to meeting you!

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