Being appointed the Executor of someone’s estate, while a sign of respect and trust, can also be a daunting task.  Many people do not know what the job entails and accept the appointment without realizing that if the job is not done correctly they can open themselves up to personal liability.  To help shed some light on the topic we asked Surrey Wills and Estates lawyer Mary-Jane Wilson, a Partner at Surrey law firm Grieg, Wilson & Rasmussen LLP to share an overview of some of the Executor’s primary duties.  That list includes:

• Locate the original will and all the documents relating to the estate
• Locate the Safety Deposit Box, obtain keys and make a list of the contents
• Review the deceased’s personal papers to determine all assets and liabilities
• Assemble, protect and insure all of the assets before Probate
  • What is Probate?
• Notify beneficiaries
• Prepare a Statement of Assets and Liabilities
• Complete any life insurance claims and collect proceeds on behalf of the estate
• Prepare a complete and detailed accounting
• Arrange for probate of the Will
• Review all Separation Agreements and Divorce orders
• Advertise for creditors if you are concerned about debts coming to light after you have settled the estate
• Re-direct mail, cancel subscriptions, notify credit card companies
• Distribute assets of the Estate per the terms of the Will after obtaining releases and consents
• Set up and administer Trusts as directed by the Will
• Prepare and file Income Tax Returns and obtain a Tax Clearance Certificate.

Read more about Executors…

Sounding like a bigger job than you thought? If you are concerned (and particularly if the Estate and the Will are complex) Mary-Jane recommends seeking proper professional advice both to make your job easier and to protect yourself from potential personal liability.  Wills and estates lawyers, like the team at Greig, Wilson & Rasmussen LLP, are experienced dealing with Executors and can advise you on all the things that need to be done to properly and efficiently settle an estate.

With summer vacationing comes the prospect of parties with friends and a significant rise in police vigilance concerning drinking and driving.  Paul Doroshenko, an experienced Vancouver criminal defence lawyer with Acumen Law Corporation, offers a timely warning for people who think a little mouthwash will protect them from the serious consequences of blowing over the legal limit if they are stopped at a roadside check and required to submit to a Breathalyzer test.  Based on his experience handling drinking and driving cases, Mr. Doroshenko has this to say:

“Often drivers who have had as little as one drink are concerned about the odour of liquor on their breath.  This is understandable as the odour may permit a police officer to compel them to blow at the roadside.  They may be under the legal limit, but because of flaws in the tester, they may be arrested for impaired driving after blowing at the roadside.  The question is will mouthwash assist someone who has been drinking to avoid being wrongfully arrested for over .08?

Most mouthwash contains substances to create a flavour and aroma, as well as antiseptics and alcohol.  Mouthwash may mask the odour of liquor.  The problem however, is the alcohol in mouthwash.  Although it is not consumed when using mouthwash, a minuscule amount of alcohol in a driver’s mouth will often generate very high readings on most breath-testing instruments.  In our own testing mouthwash has caused elevated readings even more then 20 minutes after last use.

If you use mouthwash to disguise an odour of liquor, you may succeed in hiding the smell.  But if you are required to blow into a roadside Breathalyser, your use of mouthwash may inadvertently lead to your arrest.  So it is generally not a good practice.”

For more information and help with criminal law issues you can contact Mr. Doroshenko’s law firm for criminal law defence assistance at 604.685.8889 (24hrs) or visit Acumen’s Vancouver criminal law website for information on the work he does for clients charged with drinking and driving and other criminal defence services.

Car accidents are traumatic enough but add the anxiety caused by not knowing how an ICBC claim proceeds or how to protect your rights and it can feel overwhelming.  RDM Lawyers, is a well established full service law firm located in downtown Abbotsford with a busy personal injury practice.  They know first hand that advice from an experienced personal injury lawyer is one easy way to protect your rights and ensure you get fair and reasonable compensation for your injuries.  What follows are some of their answers to frequently asked questions about British Columbia personal inury claims as well as some some specific information about why getting a lawyer to help you with your ICBC injury claim is in your best interests. You can get more information about ICBC injury claims by visiting  www.personalinjurysettlement.ca – RDM’s personal injury law website.

When to contact a lawyer?

You have 90 days from the date of the accident to file a claim with ICBC.  It’s best to speak to a lawyer before you talk to ICBC. But, don’t panic if you have already reported the accident, talked to an ICBC adjuster or even signed documents.  It’s not too late.  You can have a lawyer review your case at any time during the process and if need be they can take steps to make sure you are treated fairly.  Once you have a lawyer they can take over the claims process which means they will deal with ICBC for you.  This includes making sure your claim is filed in time to meet any time limits that affect your entitlement to compensation, sorting out what benefits you are entitled to, preparing medical reports and compensation proposals for presentation to ICBC, conducting settlement negotiations and arranging for payout of benefits to you.

How do you find a personal injury (or ICBC lawyer) in Abbotsford, Chilliwack, Langley, Hope or elsewhere in the Fraser Valley?

Many people have no experience with lawyers or think they can’t afford legal advice.  If you have a lawyer for other matters (like your business, buying or selling your home or estate planning) you can ask that lawyer for a referral to a personal injury lawyer. Or, use your business and personal network to get the names of lawyers or law firms to call. If that doesn’t work, try a Google search using the phrase “personal injury lawyer” or “ICBC lawyer” along with your geographic location e.g. “personal injury lawyer Abbotsford.”  This will pull up search results for law firms who advertise on the internet.

If money is a concern (and it often is if you’ve been injured and can’t work), many personal injury lawyers offer free initial case consultations and contingency fee arrangements.  A contingency fee arrangement means that your lawyer will take your case and accept payment only after a settlement has been reached.  Contingency fees are typically based on a percentage of the settlement you receive from ICBC.  Your lawyer should explain how this will work but you should not hesitate to ask specific questions about what legal fees and other costs you will need to pay.  Other costs can include administrative fees to file a lawsuit, the cost of expert medical reports, courier charges and other costs associated with running your file.

What compensation can you claim for your injuries?

There are two types of compensation available if you’ve been inured in a car accident. The first are Accident Benefits (also called “no fault” or Part 7 benefits) which are available to anyone involved in the accident regardless of whether they are at fault.  ICBC Accident Benefits cover:

• medical care
• rehabilitation
• wage loss compensation
• homemaker benefits
• death benefits, and
• funeral benefits.

If you have permanent injuries, Accident Benefits also pays for costs such as:

• attendant care,
• specialized aids and
• vocational training, depending on your injuries.

The second are Settlement Benefits (also called damages or a tort claim) which are available to people who are injured and were not at fault, or only partly at fault, for the accident. The tort claim addresses compensation for pain and suffering, out of pocket expenses, past wage loss, future wage loss due to permanent or partial disability, future costs of rehabilitative care and other losses not covered by Part 7 accident benefits.  The compensation available under a tort or damages claim is more comprehensive and extensive than compensation available under an Accident Benefits claim.

What a personal injury lawyer will do for you.

Lawyers understand the legal principles that affect your case and will make sure you meet all the procedural requirements as well as making sure that all the relevant evidence is collected and presented properly. Your lawyer will:

• Review your version of the accident and file all necessary paperwork to preserve your right to insurance benefits.
• Assess whether fault is an issue and how it affects your right to compensation.
• Get your permission to collect medical and employment information relevant to your claim and explain what compensation is available to you.
• Enlist your primary doctor and any specialists involved in your treatment and recovery plan to prepare a narrative medical report on your injuries including the diagnosis and prognosis for recovery.
• When your doctor confirms you have recovered or reached a stage where no further progress is likely, prepare a settlement proposal for presentation to ICBC including all relevant evidence and outlining your position on fair and acceptable compensation for your injuries.

Depending on the nature of your injuries it can take a significant amount of time to determine the extent and severity of your injuries.  Your right to start a lawsuit is governed by strict time limits which may end up being shorter than the time you need to recover.  So, to preserve your rights, while you are recovering your lawyer may:

• Start a lawsuit that names the other driver and any other parties at fault and serve notice of the lawsuit on ICBC who will appoint a lawyer to deal with your file.
• Set a trial date and arrange for examinations for discovery where your lawyer and ICBC’s lawyer exchange documents relating to the accident and you (accompanied by your lawyer) provide evidence to ICBC’s lawyer in front of a court reporter. ICBC’s lawyer is entitled to ask you about the accident, medical information including diagnosis, treatment and prognosis and about the impact your injuries have had on your life.  ICBC does this to assess the claim and advise your adjuster about what they think the claim is worth and to confirm your version of events.
• Your lawyer will evaluate settlement offers from ICBC and advise you whether it’s acceptable or whether a counter offer is appropriate.
• If you make a decision to accept ICBC’s offer your lawyer will finalize a settlement agreement and arrangement for you to receive the compensation agreed.  Or they will counteroffer and proceed to negotiate with ICBC until either an agreement is reached or it becomes clear the matter will have to go trial for resolution.

Most ICBC injury claims do not go to court.  Because 9 out of 10 cases are resolved through negotiation it is critical to make sure that all evidence relevant to the accident and its aftermath has been collected, evaluated, and quantified for use in any settlement negotiations, offers and counter offers.  This is where a lawyer is invaluable.  Lawyers are trained to evaluate and negotiate, they know how to present medical and economic loss information in a way that ICBC will understand, they have the ability to assess ICBC offers and advise you when it’s in your best interests to counter offer or take a case forward to court, and where necessary they can represent you in court.

Need more information or help with your ICBC injury claim?

Contact the Fraser Valley’s own…the personal injury lawyers at Robertson, Downe & Mullally (www.rdmlawyers.com) located in the heart of downtown Abbotsford and serving communities located throughout the Fraser Valley including:  Chilliwack, Hope, Langley, Maple Ridge, Matsqui, and Sumas.

Step #1: find out if you qualify.  If not, there are still options.

We often get people calling LawOne who tell us they need a “Legal Aid lawyer.”  Many lawyers do take legal aid cases but it is not a mandatory requirement.  However, before you can start making inquiries you will need to make sure you qualify for legal aid.  Qualification is based on financial circumstances and several other factors.

Legal Aid is a program operated by the Legal Services Society. The LSS website provides some guideline information on financial need to help you assess whether you qualify but there are other considerations so it is best to visit the legal aid office closest to you and talk to a trained Legal Aid intake assistant to see if you qualify.

Some of the things that may be covered by legal aid include:

• Criminal charges (Note: Recent cuts have meant that less serious offences including breach of probation, breach of bail, motor vehicle offenses, and failure to appear in court are no longer covered).

• Mental health and prison issues

• Serious family problems

• Child protection matters

• Immigration problems

Even if you aren’t eligible for legal aid you may still be able to get help through the legal advice and legal information programs offered by the LSS.  You can find out more about these programs by visiting the LSS website or clicking on the highlighted links in this post.