Responding to creditor claims against an estate
Reviewing and answering claims made against the estate by creditors.
What is included
- Confirms the scope of the work with you in a written retainer
- Reviews your family situation, the assets and the documents involved
- Explains the options and the legal requirements that apply
- Prepares the documents, applications or agreements the matter needs
- Deals with banks, the court or other parties on your behalf, as agreed
- Explains the next steps and your obligations in writing
What is not included
- Estate administration tax, court fees, appraisals and other disbursements
- Tax returns for a deceased person or an estate, unless arranged separately
- Estate disputes or litigation, unless the lawyer agrees to act on them
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People planning their estate
- Estate trustees (executors) administering an estate
- Beneficiaries and family members with questions about an estate
- Attorneys and guardians acting for someone else
Information to have ready
- 1Any existing will, codicil or powers of attorney
- 2A list of assets and debts, with approximate values
- 3Names and contact details of family members, beneficiaries and estate trustees
- 4The death certificate, if someone has died
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $300–$550/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is an estate trustee?
It is Ontario's term for an executor or administrator: the person who gathers the assets, pays the debts and taxes and distributes the estate.
Does every estate need probate?
No. Whether a certificate of appointment of estate trustee (often called probate) is needed usually depends on the assets and on what banks or the land registry require. The lawyer can explain whether it is needed in your case.
Do I need a lawyer to make a will in Ontario?
Not always, but a lawyer can help make sure the will is properly signed and witnessed and suits your family and assets. Mistakes in signing or wording can lead to disputes later.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed in an estate dispute or court application
- Some deadlines, such as for a dependant support claim or a surviving spouse's election, are short
- The work is limited to the scope the lawyer confirms in writing
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