Estate Benefit
Resources
Responsibilities of the Estate Trustee
Find below a guide to aid you in settling an estate. Select from the options below or scroll through the entire package.
Legal Assistance - Role of a Solicitor
Families First understands that you may still have questions that require legal advice. If you have a solicitor to help you with these questions please seek their assistance. If you do not, Families First will provide you with one hour free legal consultation to aid in any further questions you may have. Please call for an appointment.
Please be aware that Families First does not provide legal advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for legal advice. We encourage you to consult your own lawyer to obtain legal advice. If you do not have a lawyer, the following is a list of lawyers which are available to you for a consultation. Please be mindful that when consulting a lawyer, you should exercise the same care you do when making any other purchase of a professional service. Ask in advance of their legal fees and do not hesitate to request a written quotation in advance of the legal services being provided.
Please be aware that Families First does not provide legal advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for legal advice. We encourage you to consult your own lawyer to obtain legal advice. If you do not have a lawyer, the following is a list of lawyers which are available to you for a consultation. Please be mindful that when consulting a lawyer, you should exercise the same care you do when making any other purchase of a professional service. Ask in advance of their legal fees and do not hesitate to request a written quotation in advance of the legal services being provided.
A solicitor does not in fact act for an estate. Rather, he/she acts as solicitor for an executor or administrator.
The solicitor’s role includes the following: advising the executor or administrator on all legal matters in connection with the administration of the estate; assisting the executor or administrator in making proper decisions;
- preparing the application to the competent Court confirming the executor’s nomination as executor or appointment as administrator;
- preparing an Estate Information Return (EIR) and submitting the EIR to the Ministry of Finance within 90 calendar days after a Certificate of Appointment of Estate Trustee has been issued;
- preparing the application for foreign succession duty or other tax consents;
- preparing an advertisement for creditors if it is necessary; searching executions;
- assisting in the conversion of assets or their transfer “in specie” by preparing necessary documents, including agreements for purchase and sale of land, deeds, transfers, powers of attorney, declarations of transmission, notorial copies of documents, etc.;
- assisting in the preparation of accounts for audit by a competent Court if passing is required or for approval of accounts by beneficiaries;
- preparing releases of future liability of executors for signature by beneficiaries when they receive their share of the estate;
- preparing application for paying money into Court, if necessary;
- representing estate in Court in contesting invalid claims if they arise;
- preparing application to Court permitting payments to be made to a foreign resident beneficiary resident in a country designated in the regulations to the Estates Administration Act, if necessary.
Advertising for Creditors
An executor can be held personally liable if they distribute an estate without advertising for creditors and may be required to personally reimburse the deceased’s creditors for amounts owing. By providing appropriate notice to creditors, an executor removes his/her personal liability to creditors of the estate but does not extinguish the debt of the estate. Often a lawyer will help an executor to advertise for creditors on-line or in print newspapers in the area where the deceased resided. Executors can advertise for creditors themselves.
Contact information for The Windsor Star (newspaper publication):
Telephone: 519-255-5541
(Option 5)
Telephone: 1-877-577-8509
Financial Institutions
Before changing any current bank account please seek the guidance of your financial advisor. Please remember to have original copies of the Death Certificates and the Will on hand when dealing with financial institutions.
Before changing any current bank account please seek the guidance of your financial advisor. Please remember to have original copies of the Death Certificates and the Will on hand when dealing with financial institutions.
- Bank Accounts Closed
- Bank Account transferred
- Create an estate account to pay monies owing on behalf of the estate
- Check for Safety Deposit boxes
- Check for any Bank Accounts at gaming institutions.
Final Income Tax
The final income tax return for the deceased must be done be the estate trustee. The Canada Revenue Agency website provides the estate trustee with a guide to complete the final return. If you have further questions you may also make an appointment to go down to the Windsor Tax Services office if you have further questions and would like to speak with an attendant.
Office/mailing address:
441 University Avenue West, Suite 101, Windsor, ON N9A 538
Fax: 519-257-6558
Office hours:
8:15 a.m. to 4:30 p.m. -- Service by appointment only
Please note that there is no walk-in counter service offered in any CRA locations.
Investments
Please remember to have original copies of the Death Certificates and the Will on hand when dealing with financial institutions.
Please remember to have original copies of the Death Certificates and the Will on hand when dealing with financial institutions.
- R.R.S.P and R.R.I.F - Location & Policy Number #
- Mutual Funds - Location & Policy Number #
- Annuities - Annuities - Location & Policy Number #Bonds, T-Bills, G.I.C’s - Location & Policy Number #
Credit Card Numbers
Financial Institution Credit Cards
- Before cancelling any credit cards please seek the guidance of your financial advisor.
- Have the deceased’s original Will and Death Certificate available.
- Have card and account number.
- Check for any Credit Card insurances that may pay for any remaining balance.
- Requested a cancellation certificate with a balance of zero.
Department Store Credit Cards
Property and Vehicle Insurances
We advise you to call the insurance company immediately to make sure you have coverage of any property or vehicles that will continue to be used. Your broker will advise you on how to proceed with both vehicle and property insurance.
Policy #'s for:
- Vehicle Insurance Company
- Home Insurance Company
- Vacant Premises Coverage requested
- Request Insurance Company provide written documentation outlining coverage.
Ministry of Transportation / Driver’s License and Plates
of the plates.
Transferring ownership to anyone who is not paying for the vehicle requires the original will, ownership of the plates and a death certificate.
Transferring ownership to anyone else; sign the proof of ownership with the word “executor” after your name. A safety and etest will need to be done for anyone other than the surviving spouse.
Families First will take care of returning driver's license.
The estate may be entitled to a refund for the deceased driver’s license registration and plate sticker. You will need to go to the Ministry with a Certificate of Death, driver’s license, plates and ownership for the plates.
Transferring plates to a spouse is possible with the original will and ownershipof the plates.
Transferring ownership to anyone who is not paying for the vehicle requires the original will, ownership of the plates and a death certificate.
Transferring ownership to anyone else; sign the proof of ownership with the word “executor” after your name. A safety and etest will need to be done for anyone other than the surviving spouse.
Service Ontario
Business and Client
Services Section
P.O. Box 9200
Kingston, On K7L 5K4
800-387-3445
www.mto.gov.on.ca
Business and Client
Services Section
P.O. Box 9200
Kingston, On K7L 5K4
800-387-3445
www.mto.gov.on.ca
205-400 City Hall Square,
2437 Dougall Ave. and 100-7755 Tecumseh E.,Windsor
52 Queen St. N., Tilbury
2-20 Talbot St. S., Essex
3-80 Richmond St., Amherstburg
566 Notre Dame St., Belle River
47 King St., Harrow
450-24 Seacliff Dr. E., Leamington
1239 Dufferin Ave., Wallaceburg
2437 Dougall Ave. and 100-7755 Tecumseh E.,Windsor
52 Queen St. N., Tilbury
2-20 Talbot St. S., Essex
3-80 Richmond St., Amherstburg
566 Notre Dame St., Belle River
47 King St., Harrow
450-24 Seacliff Dr. E., Leamington
1239 Dufferin Ave., Wallaceburg
Change of Name or Disconnection on
Utilities and other service
Utilities and other service
Please remember to have original copies of the Death Certificates and the Will on hand when dealing with the service providers listed below. We recommend that you request a cancellation certificate from the companies you have accounts with.
Utility Companies
Phone Connection
Television Services
Returning Healthcare Devices
If you would like to donate any of the items listed below, you may drop them off at Families First and we will deliver to the proper organizations.
Eyeglasses, Hearing Aids & Wheelchairs :
Wheelchairs:
Local Medical Device Rental Locations
Rental equipment should be returned within 7-10 days.
Estate Benefit Checklist
Families first to assist with the following tasks.
Canadian Pension Plan
Anyone that has contributed to CPP is entitled to a Lump Sum Death Benefit. The amount of the benefit is dependent upon the amount of contributions and the time frame in which they were made. Dependent children and a surviving spouse may also qualify for a monthly pension. Please provide us with the following documentation to quickly help facilitate this process.
- Marriage Certificate
- Social Insurance Card or T4’s of the deceased and the surviving spouse if applicable
- Birth Certificates of the deceased, surviving spouse and any dependent children
- Proof of full-time enrollment for all dependent children from 18-25 attending both
- secondary and post secondary institutions.
If the deceased is already receiving CPP some of the documents requested may not be needed but we do suggest you forward the documents to complete this process in the timeliest manner possible.
If any of the above documents are not available please discuss a suitable alternative with a Families First team member. Correspondence from Canada Pension may take up to 12 weeks after it has been completed and mailed by Families First.
Income Securities Program & Old Age Security
In the month in which the death occurs the pension is payable to the estate. This final payment will be made by direct deposit or by cheque. Families First will notify Income Securities to discontinue further payments.
In the month in which the death occurs the pension is payable to the estate. This final payment will be made by direct deposit or by cheque. Families First will notify Income Securities to discontinue further payments.
Old Age Security Survivor’s Allowance
A surviving spouse or common law partner between or over the age of 60 may qualify for a monthly benefit. There are certain limitations concerning annual incomes.
A surviving spouse or common law partner between or over the age of 60 may qualify for a monthly benefit. There are certain limitations concerning annual incomes.
Supplemental Benefits
To qualify for this benefit you must be:
- Over 60 years of age. Between 60 - 64, and making less then $ 24,522.00 (including C.P.P.), you may apply for an allowance for Survivor’s Benefit.
- Over 65 years of age and making less than $18,240.00 (including C.P.P., not Old Age Security), you may apply for the Guaranteed Income Supplement.
- Under 60 years of age you are only entitled to the Survivor’s Benefit.
- Once you have applied for the allowance for Survivor’s or Supplemental Benefit it will be reviewed each July and adjusted accordingly.
- To make an appointment please call 800-277-9914
To apply for this supplemental benefit, you must apply within the 12 month period following the date of death. It is your responsibility as the trustee, to complete the application using the previous 2 years T4 slips. You must then forward the completed form with all the documentation necessary to the address indicated. It is our strong recommendation that you discuss this benefit with your personal tax advisor before beginning the application process.
Revenue Canada
Families First will forward an Original Death Certificate on your behalf. This fulfills a requirement of the estate trustee.
Families First will forward an Original Death Certificate on your behalf. This fulfills a requirement of the estate trustee.
Canadian Customs Revenue Agency
66 Stapon Road
Winnipeg, Manitoba N3C 3M2
66 Stapon Road
Winnipeg, Manitoba N3C 3M2
U.S. Social Security Administration
Office of Disability & International Operations
Office of Disability & International Operations
477 Michigan Avenue
Room 1550
Detroit, MI 48226Families First can assist with notification to US Social Security for the deceased and spouse as requested.
Veteran’s Affairs
866-522-2122
Veterans who served during World War I, World War II or the Korean Conflict may apply for assistance through the Last Post Fund. Veterans who have a very minimal estate not exceeding specified limitation may be eligible for basic funeral coverage.
Overseas Pensions
May apply if the deceased lived and worked in another country long enough to pay into their pension plans. Families First can assist in notifying these countries to stop any benefits that the deceased or their spouse may be receiving.
May apply if the deceased lived and worked in another country long enough to pay into their pension plans. Families First can assist in notifying these countries to stop any benefits that the deceased or their spouse may be receiving.
Personal Identification
It is the obligation of the estate trustee to return all identification pieces to the government. Families First will assist in this process and can return the deceased Health Card, Driver’s License, Social Insurance card, Old Age Security Senior’s Privilege Card, Passport and Nexus Card as required upon request. Families First will send identification back with a death certificate and a letter informing the branch of government of the death.
Employer Health, Group Life, and Pension Forms
Past or present employers may have unique plans for dependent children and spouses. At the time of death, the availability of benefits or insurances may be available through the company or union. Families First will notify these employers upon request to assist in the completion of Health, Group Life and Pension forms.
Life
Insurance
Claims
Families First will assist with obtaining and complete life insurance claimant forms. Your family is advised to bring in the applicable life insurance information including the provider’s name and policy number. Families First will also pick up claimant forms from insurance companies as requested.
Additional Notifications
Community organizations that will accept donated items:
Community organizations that will retrieve
items for donation from your home:
items for donation from your home:
Important Points
Now more than ever is the time for updating and preplanning your personal affairs. Here are five points that we strongly suggest to be beneficial for future planning.
- Updating your personal Will
- Changes of the Estate
- Trustee and Power of Attorney
- Redirection of beneficiaries for Insurances, Health benefits, & Pension’s
- Transfer of deeds to properties owned
- Preplanned my funeral
After the loss of a loved one, you are very clear on how you want your own personal funeral arrangements to be conducted This is the easiest time for you to plan, as many of your choices have already been made. We agree with you and want to help. We suggest that you continue to involve your family when pre-planning. You can plan without pre-paying at Families First and this gives you the ability to take time to make sure you have made the best decisions for your family.
