Have you been designated as an executor and are wondering how to handle the estate of your loved one? Or perhaps you are preparing your assets for your eventual passing, and want to learn about the costs that are associated with it. If so, you may want to know more about the process of filing probate forms and paying fees in Manitoba. This article will cover what you need to know, and how you can reduce your fees: 

In Manitoba, probate fees are determined based on the value of one’s estate. They are adjusted in proportion to the overall worth of the departed person’s assets. Probate forms verify to banks that the will provided is the Last Will and Testament of the deceased person. It proves that the document is valid and that the executor has the authority to make decisions about the estate. If a will is not probated, then banking institutions will not accept that the executor has permission to handle the deceased person’s estate.

A probate fee is paid to the government from the account of the deceased person. To download probate forms, you can find them online from the Government of Manitoba website. They can also be purchased at a Manitoba court centre. Probate fees cost $70 when the value of the estate is $10,000 or less; for every additional $1000, there is another $7 in probate fees. As an example, an estate worth $100,000 would have to pay $700 in probate fees. If the documents are filed successfully, the executor will receive a Grant of Probate, at which point they will be able to deal with the estate assets with any banking institution. Files that are incorrect or missing information may be rejected. 

In 2019, the Progressive Conservative party claimed they would abolish probate fees by July 1, 2020. Since their re-election, probate fees have remained mandatory in Manitoba. It may take several more years for this change to be fully implemented. In the meantime, probate fees are still required in Manitoba. 

There are a few ways that you can decrease your probate fees in Manitoba. This tax is required when assets are in the name of the departed person alone. Since the cost is calculated based on the value of the person’s estate, someone with no money in their estate would avoid taxes. This could be accomplished if someone were to give away all their assets before their passing, whether that’s to another person or deposited into a trust fund. Certain assets do not require probate; these include the CPP death benefit, life insurance with a named beneficiary, and property that is jointly held with a person who possesses a right of survivorship. 

Probate fees can become more difficult when there are complex assets, large investments, or disagreements about the estate. In these circumstances, it is strongly advised to seek legal counsel from a trusted firm. Are you looking to manage or reduce your probate fees in Manitoba? You can benefit from consulting with a criminal lawyer in Winnipeg. The experienced attorneys at Brodsky Amy & Gould can help you prepare your estate to save you from unnecessary post-mortem fees. If you have been named an executor and have questions about your new responsibilities, we can guide you through this difficult process. 

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If you have been accused of theft or robbery, you may be wondering what your options are. The difference between a charge of theft and robbery is that in the latter case, a weapon was used. Even if the Crown has significant evidence against you, a defence lawyer can help; they can provide potential arguments for your case, and in turn, reduce your charge or sentence. 

When a person is accused of stealing, the Criminal Code of Canada makes two distinctions: theft over $5000, and theft under $5000. Even if the offence involves less than $5000, you will have an entry on your criminal record, and possibly face jail time of up to two years. For charges that comprise more than $5000 or involve a weapon, this is considered a serious crime – you may receive a prison sentence of up to ten years. Offences against an employer can be quite severe, as they qualify as a breach of trust. A criminal defence lawyer is familiar with the intricacies of the law. If you are accused of theft or robbery, it is strongly advisable to seek legal advice from a trusted firm.

By enlisting the services of a criminal defence lawyer, you will protect yourself from the worst-case scenario. They can discuss the details of your case and determine the best course of action. An attorney understands the different mitigating factors and arguments for cases involving theft or robbery and can build a strong defence for you. They can advocate for a diversion, which requires you to take a theft prevention program, do community service, or rehabilitation as opposed to a sentence. It will also prevent charges from appearing on your criminal record. Factors that improve the chances of a successful diversion are if it’s a first-time offence and the amount stolen is under $5000.

Different circumstances that surround your arrest can be used to have your charges reduced or dropped altogether. A defence lawyer will highlight the strengths of your case, and de-emphasize weaknesses. For example, consider witness statements; these can be unreliable and often inaccurate. An attorney understands how to bring out inconsistencies in other accounts of the event. If you have given erroneous statements about the theft or robbery, a lawyer can reduce their validity by pointing out how they were obtained improperly. Finally, if there is surveillance footage of the event, a lawyer can bring attention to unclear aspects of it to reduce its incriminating qualities.

If you were intoxicated during the incident, you may have mistakenly committed theft, believing that the property was yours. You can claim that the item was being borrowed rather than stolen, and you intended to return it to its owner. But it is not as simple as making these claims; a defense lawyer can help provide the evidence required to support them.

If you have been charged with theft or robbery, the best thing to do is to contact a lawyer. Are you searching for Winnipeg defence lawyers? The professionals at Brodsky Amy & Gould have proven experience with representing persons accused of these crimes; our attorneys have a long track record of successfully diverting charges, advocating for shorter sentences, and getting clients acquitted. 

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The legal implications of these new measures are broad. Some are critical of this act because it is not exactly clear about which weapons will be restricted, and which will not be. It states that the bore (the inside of the gun barrel) diameter must be less than 20 millimetres; otherwise, the weapon is prohibited. Furthermore, guns that can discharge projectiles greater than 10,000 joules are now banned. Many firearms owners are critical of these restrictions due to their inconsistencies; certain shotguns and firearms are now outlawed, while others remain legal. 

Current owners of firearms have been granted a two-year amnesty period. This regulation is meant to protect individuals who own newly-outlawed guns. The amnesty grants exceptions for First Nations peoples who use firearms to trap, hunt, or sustain themselves and their families according to treaty rights. Firearms owners should take note that this amnesty period expires on April 30, 2022 – which means that if you carry an outlawed gun past this date, it is classified as criminal possession and you will be subjected to charges. The government has also stipulated a grandfathering regime, in which weapon owners will be permitted to keep their newly-outlawed guns, as long as they are not used. Details of this regime have not yet been disclosed.

During the amnesty period, the government will be rolling out a buy-back model for current owners of firearms. It has not yet been specified whether this buy-back will be mandatory or voluntary. Many are skeptical about how the government will afford to purchase so many newly-outlawed weapons. Until the buy-back program is in place, it is advised that owners keep their firearms stored securely. Delivering your weapon to a police officer before the buy-back program is implemented means that you will not receive compensation. To return a weapon, make sure to first schedule an appointment to make arrangements before a delivery. COVID-19 confines this even further; during the pandemic, physical distancing measures mean that you may be restricted from delivering your weapon or arranging for a pick-up. 

Gun legislature is a complicated, bureaucratic process that may leave firearm owners concerned about their legality. In this case, it’s best to consult legal counsel. If you are looking for a firearm lawyer in Winnipeg, contact Brodsky Amy & Gould. We can help you understand and comply with the new legislation proposed by the Liberal government. From regulations regarding the proper storage of weapons to unauthorized possession, we can help you adhere to the new policies implemented in the Firearms Act. 

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No one wants a criminal record – it impacts many facets of life, from finding a new home to seeking employment. A harassment charge means that there is a possibility of a criminal record or jail time. But being charged does not necessarily mean that you will be convicted; there are other ways to resolve this issue. If you are charged with harassment, what can you do?

First, it’s important to understand what a harassment charge is. Generally, it involves a targeted behaviour that is intended to annoy or terrorize another person. It includes a broad range of communications, from in-person conversations, to phone calls, to online messages. Harassment can also include the violation of a restraining order or stalking. These charges are usually misdemeanor level offenses, which means that they can result in jail time of one to two years. Depending on the type of harassment, a rehabilitative program may be required. For example, if the communication is deemed to be angry and hateful, then an anger management program may be mandated. 

A harassment charge must be proved by showing that the defendant intended to torment, annoy, or alarm the victim. If you have been charged with harassment, do not speak with the police until you have an attorney. Your lawyer will know how to protect your rights and prevent you from saying something that can be used against you.

You may be wondering how to resolve your harassment charge. One way to get your criminal charges dropped is by signing a peace bond. It requires that you abstain from contacting the complainant for one year. After the peace bond has been signed, charges will be dropped, but if you breach the conditions, you risk facing more serious charges. Another defence against a harassment charge is to claim that the complainant’s fear was not reasonable. This requires proof of your relationship to the victim and the nature of it. A lawyer can demonstrate that the complainant may have had a grudge against you or that you had no intent to harm them. To be charged with harassment, the court has to prove that the act was intentional – a criminal defence lawyer can help to explain that the conduct was merely insensitive or thoughtless, that the complainant’s fear was unreasonable, or that a mistake was made.

Harassment charges include a broad range of communications. To understand how to respond to your charges, the best thing to do is to contact a criminal defence lawyer. Hiring an attorney is the best way to protect your legal rights and avoid getting a criminal record. Are you looking for a offence lawyer in Winnipeg? Brodsky Amy & Gould are an experienced criminal defence firm that offers expert legal representation. Leave your case in the hands of the experts, and we will make sure that all your rights are protected.

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COVID-19 has put a halt to the criminal justice system as courtrooms have been ordered to close during the pandemic. These restrictions have caused many criminal cases to be suspended. Especially in small courtrooms, it’s difficult to adhere to social distancing measures. Frustration grows among those kept waiting as an ever-mounting backlog of new cases accumulates. Accused parties are kept in jail for postponed trials while courthouses remain closed until further notice. What does this mean for those affected by the closures? And how does someone seek justice without a functioning court system?

It will come as a surprise to no one that the closures have caused a backlog. Unfortunately, this means that those with suspended cases may be on a waiting list. Priority is given to cases deemed urgent, which means that defendants awaiting trial are stuck in jail. They may have to wait several weeks or months before their trials take place. On top of that, criminal defense lawyers are struggling to communicate with their clients behind bars. Restrictions on human contact have created unique challenges for those involved in criminal cases.

In other places, criminal trials are given a different level of priority. Some jails have released defendants who had short sentences or were immunocompromised. To avoid overcrowding, prisons have admitted fewer people for lower-level crimes. Trials deemed urgent are taking place under restrictive guidelines. In some areas, trials are expected to resume by mid-June. These decisions were made to accommodate the changes brought on by the COVID-19 pandemic. 

Suspended trials, limited jails, and an outdated court system – some are worried that the pandemic has brought the justice system to its knees. Those with pending cases are being denied their right to trial. Many hope that court proceedings will resume by mid-June, but the future is uncertain. When courts do resume trials, it will require careful planning and a new consideration for social distancing measures. A crowded courtroom with a jury, defendant, and witnesses make for a bad combination during a pandemic. To adapt to the new workplace, courthouses will have to make changes; modifications to the justice system must be made so that trials can be conducted safely. It will be a common sight to see juries wearing masks and gloves. In the future, technology will need to play a bigger role in the court system.

So, what does this mean for those whose cases have been suspended? It might be some time before the justice system can sort through the backlog of cases. In-person restrictions may change the way that trials are conducted, but in order for justice to be served, the system must adapt.

Despite these uncertain times, we are committed to serving you. If your criminal case has been suspended due to the pandemic, consider contacting us with any questions that you may have. At Brodsky Amy & Gould, we provide expert advice and undivided attention. We have the best criminal defence lawyers in Winnipeg and we are available to work with you during these challenging times.

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Whether you get into a fender bender or a more serious car accident, it can leave you feeling frazzled. As a result, many people do not do the proper things to protect themselves. Having a checklist of steps to take following a car accident can make all of the difference in the outcome of a potential settlement. Here are five things you need to remember to do following a car accident: 

Stop and Preserve the Scene

The worst thing you can do following a car accident is to simply drive away. You should always stop the car and remain at the scene. Protect the scene as much as you can by turning on your hazard lights, setting up flares, or standing by the roadside with a flashlight to alert other drivers to your presence. 

Call the Police

Even if there are no injuries to you and only minor repairs necessary to your vehicle, you should call the police. Filing a report will be helpful if you have to file a claim with your insurance company. The police will want to see the cars in the exact position that they were in when the accident occurred unless they’re obstructing traffic. 

Take Pictures

Even if you can preserve the scene of the accident until police arrive, make sure you take good pictures. Photograph the damage to your vehicle, any injuries you or the other person sustained, and any other details that seem pertinent. Do not interfere with any investigations being done by the police;  you will want these pictures for your own records. If it doesn’t make sense for you to take pictures immediately following the accident for some reason, make sure you take them as soon as possible. 

Seek Medical Attention

Many people do not recognize signs of injury until several days after the impact of the car accident. Unless you are one hundred percent certain that you are fine, you should always seek medical attention. You could have damaged your spinal cord or sustained a head injury in the impact, particularly if you lost consciousness during the ordeal. You should go to a hospital emergency room for medical attention or make an appointment with your regular general physician. 

Organize Your File

Keep everything related to your accident all in one convenient location. This should include pictures, medical records, the police report, claim number, and the contact information for your claims adjuster. Always keep receipts for things like repair bills, rental car fees, and other expenses that you might have racked up due to the accident. 

Call an Attorney 

Last but not least, you should always consult an attorney to make sure that you are protecting your rights. You might want to receive legal advice before making a statement with your insurance company. If you have recently been in a car accident, then you need to make  contact with an excellent Winnipeg criminal defence lawyer. Brodsky, Amy & Gould would love to represent you!

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Whether you’re hiring an attorney to help you face criminal charges or help you navigate the waters of divorce, many people feel overwhelmed by the whole process. They don’t even know where to begin when it comes to interviewing potential candidates. How do you choose whom of the Winnipeg defence lawyers is the right one for your case?

Before you make the final decision, here are a few things that you should really consider: 

Experience

First and foremost, you should be looking at how much experience a defence lawyer has. Everyone must begin somewhere, but a new attorney might not have enough experience to handle serious charges or more complex scenarios. If you are working with a relatively new lawyer, you may want to inquire about whether they confer with a more seasoned attorney for professional guidance and advice. 

Area of Expertise

Does this particular attorney handle all types of legal situations or only a few of them? General practice lawyers handle a little bit of everything from family law to criminal charges to bankruptcies. They may not have the same skills and experience as attorneys who limit their area of expertise to just one or two different fields. 

If you want to know how serious a lawyer is about their field, ask what professional associations they belong to. These types of associations tend to host continuing education credits and seminars that allow them to further their knowledge. This type of activity can only mean good things for your upcoming trial. 

Rapport and Communication

While professional qualifications are certainly important, you need to make sure that you hire an attorney that you can build rapport with. You will potentially have to spend hours working with your lawyer, so you should make sure that you get along with them relatively well. There should be mutual respect between you and someone you hire. 

Judge their communication skills as well. They should be able to convey information to you in a way that you understand clearly. You should also consider how quickly they return phone calls and whether they answer your questions fully. All of these are important attributes that will be necessary for successful client-attorney relationships. 

Reputation

For many attorneys, their reputation in the field precedes them. They’re judged by their clients and other attorneys in the field. If you’re not sure who to hire, ask around to see who your friends have used or ask attorneys that you know for a good referral to someone who specializes in criminal charges. This is a great way to make sure that you will be working with someone who can really help you in the long run. 

Making an Important Decision

Hiring a defence lawyer is an important decision that can seriously impact your future. If you need one of Winnipeg’s best defence lawyers, be sure to give Brodsky Amy & Gould a call today to see how we can help you! 

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When facing charges, it helps to make sure that you understand exactly what you did wrong. It may sound like your criminal charges are relatively clear, but fraud can encompass a wide variety of subtexts. You should know and fully understand the different types of criminal fraud so you can begin to mount the proper defense for yourself. Here are the most common types of criminal fraud explained: 

Bribery

You are probably already familiar with the concept of bribery. It is often used in order to make small children behave. Bribery is the act of accepting or offering something to another person in exchange for something that matters to you. This might mean that they exert their power or use their social status to manipulate a certain situation in your favour. 

Embezzlement

When you have been placed in charge of someone’s assets or a company’s assets, you might find yourself tempted to steal that money or property. This is more commonly referred to as embezzlement. It often happens in companies where one person is left in charge of the overall finances. 

Identity Theft

This is one of the most serious types of criminal fraud. It occurs when someone unlawfully impersonates another person using their personal information like a social insurance number or a credit card. You might impersonate someone else to steal their bank account information, purchase expensive vacations, or for entirely other reasons. No matter what you do with their information, it is illegal and is taken very seriously. 

Money Laundering

Money laundering can be a relatively complicated scheme. It involves moving illicit money and other assets into certain channels to disguise where the money is actually coming from. You may also be accused of money laundering if you use these channels to avoid paying taxes on money and hide it from government officials. This can lead to tax evasion charges in some circumstances. 

Mortgage Fraud

If you misrepresent yourself or your documents to defraud a lender, then you may be accused of mortgage fraud. This may also apply if you attempt to use these documents to deceive the homeowner. There are many different ways that mortgage fraud can play out depending on what documents are used and what promises are made. 

Tax Evasion or Fraud

Tax evasion and fraud are serious offenses that come with serious consequences. These occur when someone attempts to avoid paying their share of provincial or federal taxes. The consequences could require asset forfeiture or time spent in prison. 

Facing Your Charges

All of these different types of fraud come with some pretty harsh consequences. If you stand accused of any of these crimes, then you are going to need a top-notch lawyer for fraud offenses. Brodsky, Amy & Gould can give you the proper defense that you need to minimize your sentence and get the best possible outcome. Instead of sweating it, allow us to take on your case, knowing you’re in great hands. 

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Going to court can be a bit tricky for those who have little to no experience with the criminal justice system. There is an entirely new lingo that you must learn if you want to be successful with your legal team. One of the main terms that you are likely to hear in court is “appeal dismissed.” What does this actually mean and how does it affect your case? 

For a better understanding of this legal jargon, here is a breakdown:

What Does it Mean? 

Before we can dive too far into what it means to dismiss an appeal, you should have a good idea of what an appeal actually is. An appeal means that a higher court must review a decision that was made by a lower court or tribunal. This type of case is brought before a higher court when there wasn’t a favourable decision made at the lower level. Once the appeal reaches the higher court, they may affirm the original decision, reverse the original decision, or modify it in some way. 

If the appeal is allowed, that means that the court has decided in favour of the appellant or the party who brought the appeal forward. 

On the other hand, you might be hoping for an appeal to be dismissed. Appeal dismissed means that the court will decide in favour of the respondent or the party against whom the appeal is brought. This decision is made against the appellant who brought the appeal forward. 

When Will Appeals be Dismissed?

Understanding what it means is only half the battle. You must also understand the framework for when a higher court might be apt to dismiss an appeal. For example, a higher court may be likely to dismiss if you do not follow the strict rules and regulations surrounding an appeal. If the appeal seems like a flippant waste of time, they are also likely to dismiss it. 

In other scenarios, they can file an appeal dismissed if the case is essentially a “moot point” by the time it arrives in the higher court. This might be the case if you were filing for an appeal due to unjust working conditions in your workplace. If the conditions were changed before the appeal hearing or a strike was resolved, then the case becomes moot and may be dismissed. 

An appeal should be based on actual legal merit. A legitimate appeal could be filed because a judge gave unclear directions to a jury that affected the end result of the trial. However, you can also file a frivolous appeal that is more likely to be dismissed. 

Understanding the Legal System

Understanding the legal system can be quite complicated, which is why you should always have the best legal representation on your side. If you are facing charges, and need a criminal lawyer in Winnipeg make sure to hire Brodsky Amy & Gould for your defence today. We can help you face the charges and file an appeal if necessary. 

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When it comes to theft and property offences, many people think that there is just one level of offence. They do not see or understand the many different levels of crime and consequences that are associated with these types of charges. Unfortunately, this means that some people do not take these types of charges as seriously as they should. 

For more information on the different types of theft and property offences that you might be facing, take a look at this breakdown:

Shoplifting

Have you ever taken something from a store by slipping something in your pocket or underneath your t-shirt? This is known as simple shoplifting and it can take place almost anywhere. Many people are guilty of this low-level crime. They may do it at retail shops that sell clothing, at grocery stores, and at large department stores. No matter what you take and what its value is, shoplifting is still considered theft and is a property offence. 

Robbery

The difference between shoplifting and robbery is the threat of violence. Shoplifting is done peacefully and quietly while robbery takes place with either violence or the threat of violence. It often happens at gunpoint but not necessarily. This is a more serious charge that can come with more consequences including imprisonment and hefty fines. 

Burglary

Burglary is the third type of theft charge that you might face. It happens when you steal from someone else’s home. You may get into their home through breaking and entering or you may simply convince them to allow you inside. Either way, if you take things that do not belong to you, it’s going to be considered burglary. 

Arson

Arson is a serious type of property offence that will come with major consequences. Whether you burn down a house, a retail establishment, or just set fire to a vacant lot, there are bound to be repercussions for your actions. The type of consequences will depend on the motive behind the crime. If it was to intentionally injure another person or to make off with some insurance money, there will be serious charges brought against you. 

Vandalism

Vandalism is slightly less severe than an arson charge. This charge indicates that you defaced or destroyed property that did not belong to you and without the express permission of the owners. Most people associate vandalism with graffiti but it can take other forms like slashing someone’s tires or throwing toilet paper all over their home. You might also hear vandalism referred to by other names like malicious mischief and malicious trespassing. 

Facing the Consequences

If you have any theft or property offences brought against you, it’s crucial that you understand the procedures that will follow. You need the best criminal lawyer in Winnipeg to stand up on your behalf and mitigate the damage. Before you get too overwhelmed, make sure to give Brodsky, Amy, and Gould a call! We are here to help you face your day in court. 

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