An elderly parent may add their adult child on to title of their home for various reasons including avoiding probate but as a recent case demonstrates there are risks in doing so. The Applicant was the 88 year old mother of the Respondent. In 2009, she and her late husband bought a house together (the “Property”). In 2014, the Respondent moved in with them. At that time, the Applicant was….
The Regrettable Gift Continue Reading »
Estate LitigationThis blog post was written by Mohena Singh, Associate at Fasken LLP In the realm of family law and financial planning, the case of Klemensiewicz v. Klemens et al sheds light on the intricacies of familial financial support, particularly the distinction between gifts and loans. Often as estate planners, we see that individuals want to provide for their family members both during their lifetime and through their estate after passing. Many individuals prefer….
Gift or Loan? A Family Feud Unwrapped in Court Continue Reading »
Courts, Estate Planning, Family Conflict
In the recent case of Buffa v. Giacomelli, the court was asked to determine if large gifts the Deceased made to her Daughter from jointly held accounts were valid inter vivos gifts and if the Daughter had rebutted the presumption of a resulting trust with respect to the funds held in those joint accounts. The Deceased had two children, who both shared her estate under her Will with the Applicant….
Determining the Validity of Inter Vivos Gifts Continue Reading »
Estate Litigation