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My wife and her brother are the recipients of a monthly income

 
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Customer Question

My wife and her brother are the recipients of a monthly income cheque
which is now placed in a joint account then split equally to each when received. . This is presently being done by one of them.
They are getting on in years and would like to assure that this Income, as long as it continues, will pass on to their children equally. Each have 3 children ranging in age from 40 to 55.

What would the best fiscal arrangement to assure this happens seamlessly and causes no internal problems in future ?. They have discussed the possibility of some form of Trust accomplish this.

 

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Submitted: 410 days ago.
Category: Canada Law
Value: $59
Status: CLOSED

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Expert:  Law.Hut replied 409 days and 21 hours ago.

Hello.

In order to achieve the goal, you will need to take a few steps. There should be a written agreement in place between the two siblings specifying that this particular income is to be received for each of them equally, and that the division shall continue for as long as the income is being paid and that the payments shall be made to the estate of either upon their death. It is important this be in writing (as it sounds like just an informal agreement now to divide the money), as this is necessary to ensure the agreement is respected when it is no longer just the two of them involved. Second, each would have to establish terms within their respective Wills in the form of trusts that the ongoing income is to be divided among their heirs of each. As you are talking about a trust taking effect on their deaths, this must be set up within their Wills.

I would suggest that you consult with a lawyer that is familiar with drawing up Wills to do this work. This is not mandatory to make such an agreement and Wills valid, but I very much believe you can avoid much possible confusion or problems or unwanted tax effects (or even acrimony among family members) by paying a lawyer now. If a lawyer is needed only in the future if such an agreement or Wills are not done properly, there is no doubt that will be much more expensive.

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Category: Canada Law
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Answered: 3/17/2012

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Customer replied 407 days and 1 hours ago.

Does the $ 59. Give me one month from March 17th to seek answers ??

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Expert:  Law.Hut replied 407 days and 1 hours ago.

I cannot answer any questions about your account. Try http://ww2.justanswer.com/contact-usou , or call 1 XXX-XXX-XXXX.

 
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