From Louisville to Lexington and everywhere else in the commonwealth, Bakers BBLT Associates, is a trusted partner to its clients concerning their real estate needs. In the real estate arena, seamless transactions are ideal, but disputes regarding financing boundaries and title are always possible.
Facilitating Transactions
Our real estate attorneys at Bakers BBLT Associates are experienced in handling both residential and commercial real estate transactions. Our firm represents a variety of clients, including real estate investors, mortgage companies, banks and real estate agents.
We assist our clients with various real estate transactions, including:
- Drafting purchase agreements and accompanying documents
- Negotiating, drafting and reviewing leases
Our firm has an outstanding reputation in handling both residential and commercial real estate transactions in the Kentucky real estate community.
Handling Commercial Real Estate Disputes
Our attorneys at Bakers BBLT Associates understand that in the real estate context, disputes may arise between parties. At our locally owned and operated firm, we understand the issues (both common and abstract) that are unique with real estate transactions.
Our litigators are qualified to represent your interests in building contractor disputes, mechanic’s liens and other property-related conflicts.
Real estate law matters can easily become very complex. However, knowledgeable representation can simplify this process for you. We are committed to identifying and securing a cost-effective solution that addresses your individual concerns. We have the substantial skill set you need to properly handle real estate transactions and litigation matters.
Alternative Dispute Resolution for Estate and Trust Disputes
Many times, in estate disputes, Alternative dispute resolution can be a chosen substitute for litigation. In Estates, there are many emotional situations which need to be addressed apart from the existential legal issues.
Alternative dispute resolution is seen as a process which typically increases the chances of the settlement between parties for estate disputes. Conversely, litigation may seek to enhance the acrimony between the parties to the conflict. Using Alternative dispute resolution methods to resolve conflicts can be faster, less expensive, and also helps parties reach a creative solution.
At Bakers BBLT Associates, experienced Estate Lawyers have used Alternative dispute resolution effectively to solve many estate disputes since the firm’s inception.
What are the different methods of Alternative dispute resolution?
Mediation and Arbitration are two methods by which disputes can be resolved, without going to court.
Mediation
Mediation is a proven method of resolving disputes between parties. It is a part of alternative dispute resolution (ADR) in which a neutral third party, called the mediator helps to reach a mutually agreeable solution. They help the parties to negotiate and communicate with each other to encourage them towards a solution.
The mediator does not force any decision, instead supports the parties to conclude on their own. It is a cost-effective way of resolving estate disputes promptly, which involve guardianship or power of attorney.
Arbitration
In the process of arbitration, a neutral third party is present, known as the arbitrator. Both parties present their sides of the dispute along with the necessary evidence, and the arbitrator makes a decision. The arbitrator’s decision is binding upon both the parties.
Arbitration is less costly and saves time as compared to litigation. It also helps in maintaining relationships and reduces acrimony between the parties to the dispute.
How is Alternative Dispute Resolution method implemented?
At Bakers BBLT Associates, our experienced and knowledgeable Estate Lawyers implement alternative dispute resolution methods in many estate disputes areas including but not limited to:
• Estate trustee/executor disputes
• Passing of accounts
• Guardianships
• Conflicts regarding Power of attorney
• Family disputes relating to estate and the succession planning
Is Alternative Dispute Resolution mandatory?
In many jurisdictions system, Mediation is mandatory in estate disputes where power of attorney and guardianship are involved.
How does Alternative Dispute Resolution take place?
In the course of litigation, the parties may decide to go ahead with mediation or arbitration at any time. When the parties are involved in the power of attorney and guardianship litigation, mediation or arbitration may be resorted by the parties. In many circumstances, mediation can be started even before litigation.
What are the key benefits of using Alternative Dispute Resolution?
Alternative Dispute Resolution is a better option for resolving disputes as compared to estate litigation. It takes less time, reduced efforts, and minimal stress as compared to litigation. Alternative Dispute Resolution helps in achieving desirable outcomes while also supporting to build a relationship between the parties by reducing acrimony. Alternative Dispute Resolution has many advantages, including but not limited to:
Cost Efficiency
Costs of a mediator or an arbitrator are much lesser as compared to full-blown court litigation. In case the arbitration or mediation process goes on for a couple of days, it is still more reasonable than a judicial hearing or court trial.
Mutually Agreeable Solutions
In litigation or arbitration, the decision of the judge or arbitrator is imposed upon the parties which do not take place in mediation. The process of mediation allows for the parties to negotiate and craft a solution which is consensual and agreeable to both parties.
Participation
Both the parties have a role to play in arbitration or mediation as they can voice their thoughts and concerns. Such a clear and direct involvement of both the parties does not take place in litigation.
Privacy
In litigation, all court proceedings are present in the public domain, while in arbitration and mediation, complete confidentiality is ensured.
Timeliness
Litigation involves many years and numerous procedures to be done by both parties. The process of mediation or arbitration can take place at any time, and often, many disputes end up getting settled with just one or two days.
Is Alternative Dispute Resolution useful for resolving all type of estate disputes?
In some instances, Alternative Dispute Resolution is not considered to be appropriate. In a few cases, there may be a vast power imbalance between the parties or the opportunity to coerce the other party into a settlement may be present. In such cases, mediation would not be appropriate.
In most other cases, mediation is an excellent alternative to litigation.
How We Can Help
Our experienced Estate Lawyers will act as mediators to help you understand all possible legal options available to you. We will support you in reaching the most beneficial solution by avoiding litigation. Our GTA Wills and Estate Lawyers are available for an initial consultation.
Speak to our multi-lingual team in any of the 15 languages including French, English, Spanish, Hindi, Italian, Portuguese, Albanian, Bengali, Punjabi, Kannada, Telugu, Tamil, and much more.
Advice to Executors, Trustees & Beneficiaries
Many people find the duties and responsibilities which come with the death and incapacity of a loved one, to be really daunting.
In such a circumstance, if you are appointed as a trustee or executor, you will need to review the legal interests of the testator and beneficiaries. You will need to address the numerous legal issues which arise to safeguard the estate and its assets and liabilities.
At this time, taking specialized legal counsel can be helpful in navigating the challenging legal responsibilities and support in making the right decisions while minimizing risk.
Role and Responsibilities of a Trustee or Executor
Once a person is appointed as an Executor, they carry out the directions as mentioned in the will. Appointment of a trustee means that the Trustee takes care of the property in trust for the benefit of the trust beneficiaries.
In majority of the circumstances, people who have zero experience with administering an estate, are named as a trustee or executor. They may not be aware with the expected role, duties and obligations, risks and potential liability they could face, if they end up breaching their duties to beneficiaries.
When a trustee-trust relationship is established, a fiduciary duty gets automatically created between the trustee to the trust. It also happens when a executor-beneficiary is created. With this fiduciary relationship, there are very high standards created by the law.
The fiduciaries owe duty of care to the beneficiaries or trust and need to act with integrity always. They have to act in good faith and make decisions in the best legal interests of the trust and the beneficiaries. Any activity which seeks to breach the fiduciary duty can have substantial financial and legal implications.
It is advisable to seek support from experienced and knowledgeable Estate and Trust Litigation Lawyers who can help you to:
- Understand all your options and the consequences of each one of them;
- Completing your duties, responsibilities and all obligations;
- Clearly interpret all legal documents including the trust and will;
- Manage, administer and distribute the estate;
- Plan when to seek court intervention
- Address all issues which arise in the situation;
- Support with all related aspects of estate administration
Role and Responsibilities of a Beneficiary
Once you are named a beneficiary, you get into a fiduciary relationship with the estate. The trustee or the executor of the estate have to keep your best interests when taking any estate related decisions. They will act in food faith always as they owe you a fiduciary duty of care.
The executor or trustee is supposed to be neutral and always act in the best interests of all the beneficiaries. They are also not supposed to favor one beneficiary over another.
When you are named a beneficiary in a will of a loved one, you should obtain the necessary legal counsel to help understand your role, duties and obligations. You will need to ensure that your interests remain protected in the probate process. As a beneficiary if your legal rights are compromised or the estate is mismanaged, you can take appropriate legal action for its resolution.
How We Can Help
At Bakers BBLT Associates, our experienced Estate Lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. If you are a beneficiary, executor, or trustee and need legal advice for safeguarding your legal rights, please call us. If you wish to seek guidance in understanding your rights, obligations and interests, we can help.
Our Wills and Estate Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.
Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.
Consent and Capacity Issues
Many times, a person may be unable to make important life decisions for their care and assets due to illness or disability. If the person is unable to understand the information which is needed to make a decision or is unable to comprehend the results of their action, they are deemed to lack capacity.
The power to make decisions for themselves and for matters affecting their life is a fundamental right upheld by Canadian law. Capacity issues can affect a person’s ability to make decisions about managing their property, assets, health care, personal care, marriage, etc.
In Ontario, all matters of mental capacity are regulated under the Substitute Decisions Act, the Health Care Consent Act and the Mental Health Act.
Human Rights Code governs the principles related to consent and capacity including individualized assessment, inclusive design, respect for dignity, confidentiality and autonomy.
Determining Consent & Capacity
Capacity is not a trait but is subject to context and can be assessed. It is influenced by the social environment including many legal, social and economic barriers.
In Ontario, all adults are presumed to be able to take decisions for themselves, unless they are assessed otherwise, or reasonable grounds to question their capacity exist. Capacity is also situational. A person may be able to deal with a healthcare decision but unable to make decisions about a will.
Role of Consent and Capacity Board
The government created the Consent and Capacity Board as an independent body under the Health Care Consent Act. Hearings are held to decide on issues arising from the exercise of the power given to capacity assessors, substitute decision-makers and physicians. This power is granted under many laws including the Health Care Consent Act, Mental Health Act, Substitute Decisions Act and the Personal Health Information Protection Act.
The Consent and Capacity Board makes decisions on matters such as:
- Appraisal of a person’s consent giving capacity for healthcare including admission or treatment in a long-term care home or another facility;
- Consider and analyze appointing, amending or terminating any representative for an incapable person, where such representative will be making decisions on behalf of the incapable person
- Review any decision where an incapable person would be admitted to a psychiatric facility, hospital or long-term care home for treatment;
- Analyze compliance of rules for substitute decision making when a substitute decision maker is making decisions;
- Review of a community treatment order where an individual has been involuntarily detained in a psychiatric hospital