Tag: Estate Planning

Death, Taxes and Estates: Part 1

RobH4 Comments

I am not a lawyer, accountant or tax expert. Your situation may be a lot different than mine. Seek professional guidance if needed.

What happens to our investments when we die? Having lost both my parents in the past 2 years, I’ve (regrettably) had a lot of exposure to the ins of outs of estates and how they work.

Being Ready for the Inevitable

Fact: we’re all going to die. Pretending this isn’t true isn’t helpful to your survivors. So there are some concrete things you should have in place before that happens.

  • Have a will. Whether DIY, software-assisted1, or prepared by a suit, just get it done — here’s a nice step-by-step guide. And if you do have one, is it up to date? Take a look.
  • Have the will name exactly one executor, with alternate executors in the event your first pick isn’t available . Hearing multiple stories from multiple sources about how much extra work and delay having joint executors causes, I cannot recommend this all-too-common approach. You’re not “playing favourites” by naming one person2.
  • Make sure your executor knows how to get a hold of the will. Be very specific, and repeat this information frequently so it’s top-of-mind.
  • Make sure your RRIFs/RRSPs/TFSAs name successors and/or beneficiaries. I covered that topic in more detail here.
  • Make sure any life insurance policies name a beneficiary
  • Make sure your workplace pension3 names a survivor4.
  • Prepare a death binder5 with all assets clearly specified — provider name, account numbers, name on the account. Is the list really long? Maybe it’s time to trim that list down. Every provider on that list will create work for your executor. So if you want to be kind, keep the list of providers small. Make sure your executor knows where to find it.
  • Have a month or two of expenses in cash that is accessible by those who survive you, like in a joint chequing account. Assets held solely in your name will be frozen when you’re dead, possibly for weeks or months.
  • Set up someone (your executor, for example) as your authorized representative with CRA. This makes dealing with taxes much easier for those that you leave behind. How? Read here.

My Situation

My parents held no real estate, and all their assets were held in DIY investments (RRIF, TFSA and non-registered accounts). They each had a will and named the other as the executor with me as the alternate. They dealt with two providers — one for their DIY investments (BMO Investorline) and one for their day-to-day banking (CIBC). So in terms of complexity I think I had it pretty easy.

Dealing with the death of the first parent

My Dad’s death was not a surprise, and because of this I was able to maximize his TFSA contributions before he died. Dad did hate paying taxes.

Although my Mom was legally the executor, I did almost all the work involved. Most providers seemed to be pretty good about dealing with me once they got confirmation from my Mom. The key documents and facts you’ll be asked for in almost every encounter are the same, so have these ready each and every time:

  • Date and place of birth of the deceased
  • Date and place of death of the deceased
  • SIN number of the deceased
  • A death certificate (this is issued by the funeral home, typically)
  • The will
  • Funeral home invoice (if applying for a death benefit)

Dealing with the bank was easy. One 30 minute meeting6 and all was sorted.

As many DIY financial services providers don’t have brick and mortar locations, high quality digital versions7 are also generally accepted. In the case of BMO Investorline, I had to visit a BMO branch8 with the documents so they could send them as “true copies”. How a provider with no affiliation with a bank does this, no idea9.

In the case of any DIY investment held in the deceased’s name — those assets get frozen upon notifying the provider. This can be problematic if one is relying on those assets to say, pay rent, or pay for funeral arrangements.

The unexpected complication arose from the non-registered joint account — it didn’t just “convert” to removing one person’s name from the account — you have to open a new, individual account, involving all the same paperwork as though you were a new client, and then transfer the joint assets “in kind” to the new account. During this time, the funds were not accessible. This is beyond annoying, but I suspect this is the same regardless of who your provider is. My mom lost access to her joint account for about 6 weeks while this was settled.

Taxes for the death of the first parent

The tax return you file for a person who has died in this scenario is called (ominously) the Final Return. A person who dies is treated as though they sold all their assets on the day of death. I did not file a T3 Return10 return for my Dad, since all the assets passed through to my Mom. If he had had non-registered assets held solely in his name, I think I would have had to.

  • For a RRIF or RRSP, this means CRA assumes you sold all the holdings on the day you died and recognized it as income11
  • For a non-registered account held solely in one name, CRA assumes you sold all the holdings on the day of death and recognized any capital gains at that time.

I was able to successfully file the Final Return for my Dad using Wealthsimple’s tax software12. The Final Return cannot be eFiled — you have to print it and send it using snail mail.

Adjustments after the death of the first parent

After my Dad died and my Mom had all the combined TFSA/RRIF assets in place, we updated her TFSA and RRIF to name me and my siblings as beneficiaries by filling out a form. This proved to be helpful in reducing the tax bill a bit when she died. More on that in a future post.

  1. “willful.” seems to be a trendy option nowadays: https://www.willful.co/ ↩︎
  2. One could argue the opposite — just give the duties to your least favourite relative as a last vengeful act ↩︎
  3. Some workplace pensions provide death benefits and/or an ongoing survivor pension, but only if you take the trouble to name a survivor in that pension. ↩︎
  4. And if you do, I’m envious 😉 ↩︎
  5. Paper is probably less trouble than trying to provide a file location/passwords, but YMMV. ↩︎
  6. Prearranged online of course. You can’t just walk into a branch to do anything these days. ↩︎
  7. You’ll get good at this workflow or go crazy trying. Take photo on phone, airdrop to laptop, compress/convert image so it can get through email… ↩︎
  8. Do NOT assume that the brokerage has anything to do with the bank with whom they share a logo. I learned this the hard way with BMO/BMO Investorline. ↩︎
  9. Maybe notarized documents? Let me know at comments@moneyengineer.ca. ↩︎
  10. AKA “Estate Return”. A person who dies becomes a new tax entity, typically named Estate of <dead person> ↩︎
  11. Which is why you name a successor for your RRIF — this tax penalty is thereby avoided ↩︎
  12. It was because Intuit Quicktax could not handle this scenario that I ended my decades-long relationship with them. ↩︎

Managing money for aging parents

RobHLeave a comment

Before my own parents died, I managed their investments and taxes for about 10 years. Here are some things we had set up that made things much easier as they relied more and more on me in their final years. In my case, they placed their trust in me while of sound mind and body. Things probably look a lot different if this isn’t the case for you. And once again, I will remind you that I’m not a lawyer.

Make sure they have a will, you know who prepared it, and you know where it is

I cannot imagine how much more complex managing my parents’ estate would have been had there not been a will. They made a habit of reminding me where theirs was kept periodically. This was a tremendous relief after they died. In Ontario, the rules of probate dictate that a will has to have an “Affadavit of Execution” in order to be considered a valid document. What this means practically is that the legal team who prepared the will in the first place has to certify that yes, they did indeed prepare the will and the signatures on the will are the ones they remembered. So, as executor, this meant I had to march the signed will over to the law firm who prepared it, and they had to call the lawyer who signed it out of retirement to come in to the office to fill out the Affadavit. (If this sounds crazy to you, I can assure you, you’re not alone…)

Have a Power of attorney (PoA) set up

Having your parents’ logins (which I know is a very common practice) is NOT the same thing as the steps I’m outlining here. While you may be able to do quite a bit this way, having a PoA is much better. The PoA I’m referring to is the “Continuing Power of Attorney for Property” as mentioned by the feds. (There’s another, separate, PoA for health decisions, but that’s not what I’m talking about here). PoA is only applicable to living people — the PoA document doesn’t have any authority once the person is dead, that’s what the will is for. The PoA document is a necessary but rarely sufficient document to get a bank or broker to talk to you on behalf of your parents. Every financial institution I dealt with insisted that I fill out their own forms in addition to providing a PoA to get the ball rolling. Many lawyers prepare PoA documents as part of their will package, but for my parents, we just used the free form on the Government of Ontario website1. With this form I was able to get my own “authorized attorney” login for my parents’ RRIF/TFSA/investment accounts at BMO Investorline.

Set Up an Authorized Representative with CRA

An “authorized representative” is someone designated by the parent as being able to communicate on their behalf with the Canada Revenue Agency. It’s a common practice if you happen to hire a tax pro to prepare your taxes. I was my parents’ authorized rep; it’s surprisingly easy to set up by following the instructions over at https://www.canada.ca/en/revenue-agency/services/tax/representative-authorization/overview.html.

Simplify, simplify, simplify

Any extra bank account, any extra RRIF/TFSA/RRSP/Investment account creates more work and more headaches to the eventual executor of the estate, ESPECIALLY if it involves multiple financial institutions. Do those you leave behind a big favour and ruthlessly eliminate any extras.

A joint bank account between a child and a parent can be very useful

Here you have to be quite careful, lest you inadvertently create a “bare trust” under CRA rules. Here I’m talking about enough money to deal with post-death expenses — last utility bills, funeral expenses…This is helpful since (as stated above) a PoA no longer has any validity once the person who signed it is dead. My parents added me to their joint chequing account many years ago…since this account was quite modest in terms of its holdings (it was really only for day to day expenses) I never had to worry that they had set up a bare trust.

  1. If anyone reading this has any sort of influence on documents posted by the Government of Ontario on their websites, could you please let them know that requiring the use of Adobe Acrobat to open and edit pdfs goes against all notions of equal access to their constituents? My poor little Chromebook doesn’t do Acrobat. ↩︎

Do this TODAY with your RRIF, RRSP or TFSA

RobH4 Comments

Disclaimer: I’m not an accountant and I’m not a lawyer. Consult a professional if desired.

Summary: Make sure your RRSPs, RRIFs and TFSAs have named SUCCESSORS or BENEFICIARIES to save those who survive you time, effort and money.

The CRA lets RRSPs, RRIFs and TFSAs of a dead person pass to other people without tax penalties. But the account(s) have to be properly set up. Make sure they are! It only takes a moment.

The CRA does like us to pay taxes. But they are not completely heartless. They’ve set up the concepts of successor annuitant (for RRIFs), successor holder (for TFSAs) and “Beneficiary” (for RRIFs, TFSAs and RRSPs) to help lower the tax burden of someone who has died.

A “Successor Annuitant” for a RRIF basically takes over the account of the dead person. This can only be a spouse. This is similar conceptually to the named successor holder of a TFSA. The benefits?

  • There’s no sale of the assets of the RRIF/TFSA unless desired; everything can pass “in kind” to the successor
  • The successor does not take a tax hit1 (although the dead person does in the case of a RRIF/RRSP2)
  • The funds are not considered part of the estate, which means these funds will avoid probate. That’s good because you won’t have to pay the estate administration tax (aka probate fees) and access to the funds is MUCH quicker since you don’t have to wait for probate to be granted (a months long process, typically)

A “Beneficiary” is someone who gets the money in the accounts. This can be anyone. Or even more than one (e.g. the children of the TFSA holder or children of the RRIF holder). The same benefits apply

  • The named beneficiary or beneficiaries don’t take a tax hit
  • The funds in the TFSA/RRSP/RRIF are not part of the estate

Both the “successor Annuitant” and the “Beneficiary” are set up at the account level by your financial service provider (e.g. your bank, your broker) usually set up at the time the account was created. (Remember those long forms you had to fill out when you first opened a TFSA, RRSP or RRIF? It was on the application form). These can of course be changed at any time. One common situation where a change is warranted is after the death of one spouse — this would be a good time for the surviving spouse to name their children as beneficiaries of their RRSP/RRIF/TFSA.

The actions you should take? Call up the people who manage your RRIF/RRSP/TFSA and make sure that:

  • If you’re the holder of a RRIF/TFSA, are married, and intend to give everything you own to your spouse, make sure you name your spouse as the SUCCESSOR
  • If you’re the holder of an RRSP, are married, and intend to give everything you own to your spouse, make sure you name your spouse as the BENEFICIARY
  • If you’re the holder of a RRIF/TFSA/RRSP and don’t have a spouse, or want to name someone other than your spouse for the funds, then make sure they are named as a BENEFICIARY

This only takes minutes, and can save those who remain after you’re gone time, effort, and money!

  1. Not 100% true. The recipients have to pay tax on the gains made by the holdings between day of death and the day of liquidation. ↩︎
  2. For RRIFs, this is true. Put simply, under tax rules, the dead person is considered to have sold the entire RRIF on the day they died and must declare it all as income. ↩︎