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      • A contract can be enforced against a deceased's estate. It is still a valid agreement even if the other party has died, provided they did not need to be alive to perform the contract (for example, an employment agreement). In most cases you will have remedies under the contract and general law.
      www.calendar-canada.ca/frequently-asked-questions/what-happens-to-contract-after-death
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  2. Jan 21, 2024 · Initiating the probate process involves submitting an application to the probate court, obtaining the death certificate, and completing the application form as the executor. Additionally, legal documents like the original will must be presented to the court.

  3. Nov 2, 2023 · Personal representatives have the unenviable task of determining whether a contract is enforceable on the estate, if it expired along with the decedent, or if it is a contract to make a will.

    • Dave Dineen
    • What is probate? Simply put, probate is a legal approval process that confirms: the validity of a will, and. appointment of an executor. Most estates will need probate if there are assets that need to be distributed.
    • What’s an executor? An executor is someone who can: carry out the terms of your will and. look after your assets after your death. “Assets” refers to anything you own that has financial value like
    • What if you don’t have a will? Or your executor can’t do the job? Then the courts must appoint an estate administrator – and the costs will be similar to probate (3-7% of the total value of the estate).
    • Who does what in the process of probate? Let’s assume we’re talking about your own will: You don’t have to do anything. Probate is a process that affects your will after your death.
  4. Any contracts signed by the deceased and another living person continue in force after the co-signer's death. This includes mortgages on real property where more than one borrower accepts the responsibility for the loan.

  5. Mar 14, 2018 · Battles over domestic contracts and houses lead to discussions of past mistakes, life experience, and occupation rent. Such was the case in Psarros Estate v Cook. As with many estates litigation cases, the Court was asked to determine a broad range of issues.

  6. Aug 28, 2023 · The short answer is no; you will not inherit the debt or be responsible for paying it. The exception is if you shared a debt with your loved one (i.e., a joint credit card, loan, mortgage or line of credit) — in this case, the full amount of any outstanding debt falls to you.

  7. Mar 14, 2024 · Upon death, debts are paid out in a specific order. Canada Revenue Agency tax; Provincial/territory tax; Secured debts such as a home or car; Unsecured debts such as credit cards and lines of credit. Upon notice of your death creditors can file a claim against your estate for the money owed.

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