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Read About Taxes Below
Death And Taxes - Two Certainties Of Life
(NC)-There are no estate taxes or succession duties in Canada. However, taxes upon death have not disappeared. When a person dies, there is a 'deemed disposition' of all capital property. What does that mean? It means that the government treats all your property (unless jointly held) such stocks, bonds, RRSPs, real estate, etc as sold at fair market value on the day of your death. Your estate will be required to pay capital gains tax on that property. This applies to your RRSP if you do not have a spouse to whom you can transfer it. Careful planning can reduce or defer the taxes owing. Without an estate plan, you could lose nearly half of the value of your gains to taxes. While your Executor may claim full personal exemptions on your final income tax return, your estate may end up paying taxes at the highest tax rate (over 50%). If you do not have a Will, or if your Will has not been updated recently, it may be a good time to get the job done to avoid tax complications.
What is Probate?
"Probate" is the recognition by the provincial court of the validity of your Will and the appointment of the person named as your Executor. Granting of the "letters probate" is notice to the public that your Will complies with the basic formal requirements and that the Will was not being challenged at the time of application.
Reducing Probate Fees
In some provinces, the Executor must apply to the court for "letters probate" in order to begin administering an estate. These fees are payable to the provincial government based on the value of certain assets in your estate. There have been increases over the years in provincial probate fees. There are ways to arrange your affairs to reduce these probate fees. Again, estate planning helps identify these issues and reduce any negative impact on your estate.
It sounds complicated!
Estate planning need not be complicated or expensive. First, who knows better than you what you want done with the things that you've worked all your life to build. Second, seek the professional advice of an expert to guide you on the financial and legal implications to ensure that you get the most favourable tax treatment possible.
If you do not have a Will, or if your Will has not been updated recently, perhaps it is time to meet with a lawyer and get the job done. Take the first step; call Ontario March of Dimes toll-free at 1-800-263-3463 x 383 for a free copy of "My Personal Organizer" - a handy estate planning tool.
About The Author
News Canada provides a wide selection of current, ready-to-use copyright free news stories and ideas for Television, Print, Radio, and the Web.
News Canada is a niche service in public relations, offering access to print, radio, television, and now the Internet media, with ready-to-use, editorial "fill" items. Monitoring and analysis are two more of our primary services. The service supplies access to the national media for marketers in the private, the public, and the not-for-profit sectors. Your corporate and product news, consumer tips and information are packaged in a variety of ready-to-use formats and are made available to every Canadian media organization including weekly and daily newspapers, cable and commercial television stations, radio stations, as well as the Web sites Canadians visit most often. Visit News Canada and learn more about the NC services.
Editors: These articles are for use in Ontario only
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Alabama
Get The Facts on Debt!
Repossessions, wage garnishment, property seizures and foreclosures are words which strike fear into the heart of every consumer.
The general assumption is that overdue debts will result in these drastic measures. Sure, if you've put up property as collateral on a loan which you are unable to pay, it will typically be seized or repossesed. But the same does not necessarily hold true for unsecured debts. In reality very few creditors will ever push for garnishment on small unsecured debts. Garnishment and seizure are a creditor's most effective weapons to collect an outstanding debt, but they are also very expensive and time-consuming to the creditor. While it is within the creditor's legal rights to pursue collections through any of these means, the cost of recovering a debt often exceeds the amount of the debt itself, and so it's not always cost efficient to force a collection.
Sadly enough, in the United States alone thousands of bankruptcies are filed every week in response to collection efforts on unsecured debts under $5000. Consumers are so intimidated by creditors that they fold under the perceived pressure, resorting to bankruptcy as a means of escaping an unsecured debt. If these same consumers had simply ignored the threatening letters and intimidating phone calls, they would have discovered that most creditors are all bark and no bite. Bankruptcy is arguably the worst type of negative listing you can have, and it is almost certain to wreak havoc on your credit report for the next ten years. You should therefore consider a bankruptcy lawyer only as a last resort, and possibly never as an option to escape a relatively small, unsecured debt.
