Elliot Berlin, Barrister

Are you familiar with the 'Privacy Act' in Ontario? It would seem that CIBC is not. Most recently our 6 person household has received 3 personal messages regarding finances, that are 'robo-called' to whomever answers the phone. They don't allow one to contact them for another client who may be out of town or ill, but they will announce personal financial news at their own discretion. Isn't this the exact reason the 'privacy act' was created?

Question: Can an Executor be personally responsible for losses to an estate? Answer: YES! There are many duties and responsibilities stowed upon an Executor. Tasks from collecting and valuing assets, to paying all estate debts and liabilities. Any negligence, even mistakes, which cause a loss to the estate, can end in personal liability to the Executor. This can include, valuing real estate too low or making final distributions too early. Ask Elliot -" How can I protect myself from Executor Liability?"

Divorce is hard enough without the guilt that telling your kids brings, so we've worked out some of the best rules to follow when it comes to talking to your children about divorce. The following is a list of bullet points that will help you send the right signs and signals in communicating to your children about a divorce in a healthy way: -Avoid blaming the other parent.... -Emphasize and work to show the children that everything will remain the same, stable life during and after divorce. -Show love and empathy to the children. Answer their questions. -Assure the children that both parents will always love them and be there for them. -Contrast the love between Mom and Dad from the love of sisters, friends, other family. (Mom and Dad love is romantic and could end; Mother-child or Father-child love will never end). -Avoid having difficult arguments in front of the children to minimize conflict. -Encourage your children to have a positive and healthy relationship with the other parent. -Do not involve your children in parental decision-making. -Be consistent with disciplining your children so that they cannot manipulate the parents. -Let kids be kids: do not put them in the middle or make your child a messenger. -Be a positive role model- the kids are always watching and mimicking our behaviours. -Maintain flexibility, even if it hurts. -Always choose your children’s needs above your own. -Remember that the only consistent thing in divorce is change: bend with the change. -Finally, just remember that childhood is precious and as a parent you are the keeper of memories and guardian of you little one. Let’s preserve our kids’ child-like hearts forever.

If you love Toronto and food as much as we do, this is the weekend for you! From Taste of the Danforth to Veganfest, Jerkfest to Coconut Fest, Toronto is the place to be. So get out there and have a great weekend everyone.

Recently it came to my attention, that an elderly relative, who is quite well off, was in fact, placed in one of those horrible, government-run senior homes that cater to dementia patients. Her child, her only child, who has control over her life and finances, decided that she wasn't aware enough to realize she was in horrible surroundings, and thought it would be better to 'pad' her estate rather than put her in a better, albeit, more expensive home. This happens more ofte...n than you might think, and can leave other relatives feeling helpless. The good news is, there are some steps you can take should you see this happening to someone you love. Firstly, if a Power of Attorney is abusing the financial authority and not acting for the best benefit of the infirm, you can hold that person personally liable for their actions. Estate litigation is long and costly, but it can be done. Secondly, if there is a concern that a person's benefit is at risk and that person is incapable of acting on their own, you can go the Office Public Guardian Trustee and have them do an investigation. If they deem it appropriate, they can appoint an OPGT lawyer to "represent" and protect the infirm. This can happen in the form of a guardianship. Need help or advice? Elliot Berlin is here to help. Call today for your no-obligation consultation.