“I know it’s a tough job you have. I appreciate everything you’re doing on my behalf… Thanking God for the courage and connecting me to you… thank you for your patience.”
PREPARING FOR DEATH AND MENTAL INCAPACITY
Estate Planning with Wills and Powers of Attorney
Monardo Estate Law assists individuals and couples of all ages - from new parents to grandparents - who want to plan for death and possible mental incapacity by drafting or revising wills, including multiple wills where appropriate, and powers of attorney for property and personal care. We strive to make it easier to plan ahead and have peach of mind. We offer flat fee or hourly retainers.
Think your “estate” is not large enough or too simple to need a will or powers of attorney? Despite its size, there are many benefits to preparing a will to speak on your behalf when you have died to ensure what you want done with your assets is clear. With powers of attorney, you decide who you want to make decisions for you if you become mentally incapable and cannot decide for yourself.
RESPONDING TO DEATH AND MENTAL INCAPACITY
Acting as Attorney for Property and Personal Care or Guardian of Property and of the Person
Being named attorney for property or personal care for a friend or family member shows that person’s trust in you to manage his or her property and personal care when incapable to do so. While an honour to be named someone’s substitute decision-maker, the role comes with duties and obligations, which may not be known or be overwhelming. Monardo Estate Law provides advice, guidance and resources to attorneys on the legal responsibilities in fulfilling this important fiduciary role including the obligation to account.
Where an incapable person did not grant a power of attorney for property and has no one to make decisions for him or her, a guardian of property is appointed by the court through a guardianship application. We advise and guide the guardian on the role and prepare the application. After being appointed, the guardian, who can be either an individual or a trust company, will be required to regularly account to the court. We assist with bringing forward applications to pass accounts on the guardian of property’s behalf.
Estate Administration
Advice to Estate Trustees, Beneficiaries and Dependants Applications for Probate and Applications for Directions
The death of a loved one is an especially difficult time. Having to then administer the person’s estate may be too emotional.
On the passing of a loved one, we advise the estate trustee(s) in administrating the deceased’s estate. This includes advising the estate trustee on the role and obligations, preparing a court application, if necessary, for a certificate of appointment of estate trustee (formally probate), communicating with beneficiaries, preparing accountings, and guiding the estate trustee(s) through to the final distribution.
At times, the estate trustee needs assistance from the court on issues relating to the will or administration. Monardo Estate Law brings forward applications for directions on behalf of the estate trustee or responds to such applications on behalf of beneficiaries and other interested parties.
Monardo Estate Law also advises beneficiaries and dependants of the estate on the administration process and their entitlements.
Sandra Monardo is also available to act as estate trustee for estates in Ontario.
“One client I recently sent to you was so relieved once she talked to you about being named estate trustee. That is our value. Taking stress away from people.”
ESTATE LITIGATION
Monardo Estate Law’s lawyers represent parties in court proceedings - both contested and uncontested matters. They include passing of accounts applications, will challenges, attorney disputes, applications for directions, dependant’s support claims, and guardianship appointments.
We are also available to act as estate trustee during litigation for estates in Ontario.
“No doubt we are glad to see this file…closed. It’s been quite a journey these past three years. In fact, it was three years ago while you were in Peru that you agreed to take this file on. We are so happy that you said yes.”
MEDIATOR SERVICES
As a neutral facilitator, a mediator assists disputing parties in finding a resolution to avoid litigation or further litigation.
Sandra is regularly retained as a mediator to help parties resolve estate disputes out of court. As a mediator, Sandra brings almost 20 years of litigation experience to assist parties and their lawyers in finding a resolution to their dispute to avoid further costly proceedings or to avoid litigation altogether.
Mediation’s use is not limited to litigating parties involved in a court matter. It can also be effective where those involved in the dispute seek to resolve disagreements in good faith before commencing court proceedings.
Sandra’s mediator rate is $400 per hour. A lower hourly rate is available for estate disputes valued below $400,000 on request.
“Thanks for all your amazing work and your great tactics on this file.”