FAQ - Schneider Attorneys - Real Estate Lawyers Montreal

As an heir or liquidator of an estate, am I allowed to receive or make advance payments?

Yes, it is possible, but there are conditions that must be met before proceeding with advance payments.

For more information, please consult
5 things to know about your entitlement to your share of the estate and advance payments.

You did not obtain the inventory, the rendering of account, or any other documents to which you are entitled as an heir of the estate. What can you do?

First, you can check which documents you are entitled to as an heir and what the process is for the settlement of the estate by consulting
Settling an estate.

Second, you are entitled to receive several documents as an heir of the estate. These documents must be disclosed to you, subject to certain exceptions.

For more information, please consult
5 things to know about the communication of documents to heirs.

As the liquidator of an estate, what are the deadlines for producing an inventory and a rendering of account?

Because they are two (2) different documents, the rendering of account and the inventory do not have the same deadlines.

For more information, please consult
5 things to know about the role and responsibilities of a liquidator.

What is the role of a liquidator in an estate?

The liquidator has many responsibilities regarding the estate if they choose to accept this role.

For more information, please consult
The role of the liquidator.

If you have a holographic will or a will before two witnesses, is it valid?

There is a process called probate/homologation of wills that must be followed.

For more information, please consult
Probate of wills.

When a loved one passes away, how can you find out whether there is a valid last will and testament?

To determine whether there is a valid last will and testament, you can perform will searches with the Chambre des notaires du Québec and the Barreau du Québec.

When a loved one passes away without leaving a last will and testament, what happens?

You will be facing a situation called succession ab intestat.

For more information, please consult
Succession ab intestat.

What legal and administrative remedies are available if the rights of the employer or the employee have been violated in the context of a loss of employment?

For more information, please consult
Remedy.

What are the applicable deadlines in a loss of employment situation between an employee and an employer?

For more information on those deadlines, please consult
Certain delays.

Is there a difference between dismissal, termination and suspension? In a case of a loss of employment, are there minimum delays required? What are the remedies when these rights are violated?

For more information, please consult
Termination, dismissal and suspension, what’s the difference?.

What are my rights regarding non-competition and non-solicitation clauses?

To answer those questions, it is important to distinguish two (2) different concepts:

Duty of loyalty;
Non-competition clause.

For more information, please consult
Duty of loyalty and discretion.

A buyer and a seller have accepted a promise to purchase regarding an immovable. Now one of the two (2) parties wishes to withdraw. What can I do?

There are different options, including an action in passing of title.

For more information, please consult
Action in passing of title.

I have a latent defect on my property. What do I do?

If you are the BUYER, please consult
Latent defects – Buyer.

If you are the SELLER, please consult
Latent defects – Seller.

What cases has Schneider Attorneys been involved in?

Schneider Attorneys relentlessly defends its clients, as shown by many past favourable court decisions.

For more information, please consult
Legal cases.

What areas of law does Schneider Attorneys practise in?

Schneider Attorneys specializes in real estate, estate, and labour law litigation, and more.

For more information, please consult
Areas of law.

For real estate litigation, consult Real estate law
For estate litigation, consult Estate law
For construction litigation, consult Construction law
For commercial and civil litigation, consult Commercial and civil litigation
For labour law litigation, consult Labour law

What are the average delays in a legal proceeding?

Delays vary based on the type of procedure, the circumstances and the complexity of the case.

Estate matters generally have priority over commercial matters when a trial date is requested.

For more information, please consult
Commercial and civil litigation.

How do I prepare for my first consultation?

There are numerous documents that are important in preparing for the initial consultation. It is important to bring these documents with you in order to make the most of your first consultation.

For more information, please consult:

Thank you for booking with us

How to prepare for an appointment with your lawyer?

Can my legal fees be reimbursed?

In general, legal fees may not be reimbursed by the opposing party except in exceptional circumstances of abuse.

In estate matters, it is possible to be reimbursed for your legal fees should you need to defend yourself as the liquidator of the estate.

See the estate law section

What are my chances of success in my case?

It is not possible to guarantee any result or outcome in your case, but we can determine whether you have a strong or weak case after the initial consultation.

We provide strategies based on your situation so you can make an informed decision.

Does Schneider Attorneys Inc. take on legal aid mandates?

No. Files covered by legal aid are not accepted by Schneider Attorneys.

What will the total legal fees be?

An estimate may be provided, but total fees depend on complexity and how contested the case is.

The hourly rate varies per lawyer and does not include taxes or disbursements.

What are the charges for the first (1st) consultation?

The first consultation is billed based on the hourly rate of the selected lawyer.

It is used to review your case and provide legal strategies.

For more information, please consult
Meet our lawyers.