Tag Archives: arrangements

Owning Shares in a Company When You Die

What happens to your company when you die? Does it die with you? Live on? Who will supervise and pay the staff? Or, perhaps the deceased was a 1-person-show… no staff… does that mean we can just ignore the company? Are there partners? Other shareholders? Was the company incorporated, or was it a sole proprietorship? Or, perhaps the deceased didn’t run his/her own company, but rather played the stock market, meaning there are shares in a few publicly-traded companies. Every scenario is different, so this article will touch on a few of the more common issues.

Sole proprietorship – These companies are usually very small, often times a 1-person-show. Typically, with the death of the owner, the company dies with them. There may well be assets and liabilities which will need to be dealt with, 3rd parties who need to be contacted, staff, customers, unfilled orders… but likely everything will likely be on a smaller scale. The good news is that there’s no corporate entity to dissolve or sell, and any revenue & expenses of the company are included in the deceased’s final personal tax return.

Small, incorporated company – Small doesn’t necessarily make it easy. First thing, find the Minute Book, which might be in the deceased’s office or the lawyer’s office. This will provide a breakdown of the corporate ownership, information about directors and officers and, hopefully, information about how shares owned by the deceased are to be treated. You will need to determine the value of the company, possibly with professional assistance, so that you can determine the value of the deceased’s shares. After probate has been granted, the shares can be transferred as set out in the Minute Book. For instance, they might get sold back to the company at fair market value or for the original purchase price. Or, they might get transferred to other shareholders. Again, the sale price is important. You will need to determine if the deceased owed money to the company, or vice-versa, as this will impact the list of assets and liabilities. Someone may need to be brought in to run the company, especially if there is staff, customers and unfilled orders.

Publicly-traded shares – You will need to determine the value of the shares as of the date of death, so just look up the closing price for each company on the date of death, multiple by the number of shares, and that’s the value. Those are the easy ones. The tough ones are those ancient certificates you find in the safety deposit box, where the company has been bought and sold numerous times, amalgamated with other companies, and the name has been changed. You will need to do some research to find out the current name of the company, or find out if/when the company was de-listed. Researching old companies can be quite a chore. After probate has been granted the shares will need to be transferred to the executor or someone else, which requires you to find out the name of the transfer agent and then fill out a few forms. Sometimes the transfer fee is more than the shares are worth, so you will have to decide if you even want to bother.

Gregg Medwid is the owner and president of Executor Support, a firm based in Coquitlam, British Columbia, with expertise assisting executors and administrators in settling estates. The project management expertise and customer service focus Medwid brings to Executor Support ensures questions are answered and help is given when it is most needed.

This article is in no way intended to substitute for competent legal advice.

Gregg Medwid, Owner
Executor Support
gregg@executorsupport.ca
604-999-2106
http://www.ExecutorSupport.ca

Selling the Family Home

family.houseSo many emotions can occur when deciding to sell the family home. Folks, this is not your typical “real estate transaction”. Having to consider all the things that a family has gone through over the years from learning to talk and walk, to their first dance and job in high school to watching your children go off to university or move into their first apartment. So, where do you start when it’s time to downsize?

First consider what’s coming with you? How much of your history and household furniture do you really need? It’s important to retain items that are close to your heart but be excited about your next stage in your new environment. Is it a piece of furniture or possibly just the family albums that need to come with you?

Think about whether you will be participating in community activities or possibly travelling more in this next stage of life. This will directly affect the decision to either purchase a smaller house or is best to look at a strata situation so you can feel safe to leave your place unattended while away.

These decisions should not be rushed. Time spent going through items and searching for your next home is very important and exciting.

That’s why working with people that can offer assistance in the process, gauge that all is on track and emotions are intact, is so important.  If you have experience dealing with selling your family home or perhaps starting the process of buying one, share with us your experience and questions.  Simply drop a comment in the box below.

Lara_Regan_DSC_3780Lara Regan
www.lararegan.ca

My experience in real estate, combined with my outstanding negotiation skills and a thorough knowledge of the local Vancouver real estate market, enables me to offer you the highest caliber of advocacy, guidance and assistance.

I listen closely to my Buyers and Sellers and translate their needs and desires into an effective, practical system designed to achieve these unique goals. My sharp analytical ability is balanced with a warm sense of humour and a down-to-earth approach.

My clients get the best of both worlds – I am pleasant and accommodating, while remaining results-oriented and thorough.

It Ain’t Me Babe

How to Overcome Resistance, Save your Relationship and Keep Clutter Under Control

When people make a commitment to share a residence, their respective positions on clutter often go uninvestigated. Yet, one of the greatest sources of marital, family and roommate discord can be attributed to conflict around neatness, order and what to do about junk. In cases where romantic entanglements lead to co-habitation, lovers, temporarily blinded by passion and novelty, can excuse or overlook qualities in the other person with which they may not be entirely comfortable. Or, when friends decide to share a place, they may focus on financial arrangements, space considerations or location. Nevertheless, nowhere does incompatibility rear its ugly head more ferociously than around issues of storage and disposal of excess belongings? With newly constructed apartments getting smaller, the situation threatens to become even more challenging. Even the most smitten of newlyweds or the oldest of friends can be transformed into bitter adversaries when prized possessions become objects of contention.

Love may conquer all, but clutter may spell its undoing. As professional organizers, we run into situations that practically render us marriage counselors as well as de-clutterers. Many a call has come from true-to-life desperate housewife driven to the brink of exhaustion from battling a husband who is unable to part with his boyhood collections of action figures, record albums and 4 decades worth of magazines. Mothers, at the end of their ropes, contact us in hope of finding prescriptions for dealing with their teenagers’ bedrooms. The room’s resident son or daughter is generally oblivious to the room’s condition or the mother’s despair. Then there is the individual who unilaterally decides to work from home, adding the accoutrements of a home-based business to an already impossibly crowded space, pushing everyone else’s limits of tolerance. What about the distraught husband who has been unsuccessful in his attempts to prevent his wife from taking everything from a 3500 square foot home with a basement and try to squeeze into a downsized 2 bedroom condo? The circumstances may be different, but the problem is the same. How can you live with another person who is so tied to his or her possessions that it threatens the fabric of the relationship?

So, what can you do when the people you with whom you choose to share your living space refuse to share your viewpoints and practices in the domestic arena? Short of threats, ultimatums or moving out, there are solutions to preserve your sanity.

One Step at a Time

Arlene is a woman in her mid-forties living with a husband and 4 children ages 18 to 23. They are a happy, successful, on the go family with five cars, an RV, a home gymnasium and enough sporting equipment to outfit several teams. Like a number of their compatriots in the “sandwich generation” they recently inherited 2 bedroom condo’s worth of furniture and household goods. And like many busy and active people, maintaining order was not a primary focus. Thus, the house resembled a warehouse more than it did a home. Hallways were impassable. Rooms were indistinguishable from each other as to purpose and function. In a word, with the exception of the upstairs living room and kitchen, it was a mess. Then, a sleeping giant awoke.

Arlene decided it was time. Her goal was to remove excess furniture and boxes to make an office, upgrade her décor by replacing worn furniture with some of the pieces they had inherited and optimize the existing storage areas which included a basement store room, a closet under the stairs and a garage. Once accomplished, her intent was to shift her focus to the other family members, leading by example.

Armed with boxes, rubber gloves, giant garbage bags, she set out to strike a fatal blow to what amounted to 15 years of neglect. Each room was approached systematically. All items were sorted and categorized. Charities were contacted for pick-up and items worth selling were sent to consignment. Garbage was sub-divided between re-cycling and trash. Her remaining possessions were classified into archived and active status and were assigned homes based on those criteria. Suddenly, she could see her floor and her office emerged.

By remaining incredibly focused, Arlene achieved amazing results in a short period of time. Her kids’ bedrooms were another story. No one embraces change. She needed to overcome resistance, inertia and convince them that their old methods of making do, no longer worked for her brood. Fortunately, the family dynamic was based on mutual respect and open communication. Nevertheless, she was dealing with adult children and needed to be sensitive to crossing boundaries. But it was Arlene’s sheer will and determination that brought them into line.

Each sibling was assigned his or her own storage areas for sports equipment, shoes and memorabilia that did not fit comfortably in their small bedrooms. Dressers were introduced to replace open shelving for clothing. Each family member was instructed to cull though boxes lying around in other rooms that contained their respective possessions. Using the identical methods employed by their mother, they evaluated the contents, piece by piece, and determined destinations for them- keep, store, or purge. The intent was to convert the bedrooms into unique spaces that reflected their personalities but would be easy to maintain.

Compliance with Arlene’s wishes was somewhat uneven. The girls were more cooperative than their brothers, and therefore served as valuable allies in the cause. Each daughter took on a brother as a special project. Each of the children was supplied with a large, clear plastic container. This was for storing special mementos and photos that did not need to be displayed, but were being saved for posterity. Other items and furniture were moved into the storage areas that could be drawn upon when they were starting up their own households. As a reward, closets were outfitted with extra hanging space and shelving in their rooms, allowing them to improve the storage of their clothing, books and media.

Arlene’s husband was the final frontier in her crusade to make room to live well in their household. His tolerance for clutter and chaos was considerably higher than Arlene’s especially since her epiphany and clean-up activities. To really make this work, she needed to bring everyone literally on board. Particularly bothersome was his penchant for saving all kinds of nostalgic knickknacks and travel souvenirs, all of which required regular dusting and cleaning on her part. Another problem was that she and her mate shared a closet and a bureau in the master bedroom. There was a good deal of finger pointing around whose responsibility it was to maintain the tidiness of this woefully inadequate clothes cupboard.

We advised Arlene to start small and pick her battles. If she constantly nagged him to clean up or divest himself of collectables, he generally turned a deaf ear on her pleadings. Her husband had strong attachments to many of the items, so tossing them out and hoping he would not notice would not be a good strategy for preserving the relationship.

Arlene decided that the real issue that divided them was an absence of a definition of personal space. As one of the older children was planning to move out in a few weeks, she was able to get him to compromise by moving his clothing into the newly liberated spare bedroom. She now had adequate space to store her belongings, as did he. She decided the knick-knacks could be addressed at a future time, when it would seem less contentious. It provided the model for a clear-cut definition of personal space, responsibilities for maintenance and a degree of privacy.

Making a shift of this magnitude requires eternal vigilance. New stuff is bound to come in all of the time. Families need to have a strategy for incorporating new interests and hobbies and their corresponding possessions into the home, so periodic reviews need to become part of the routine.

by Susan Borax
Co-author of Good Riddance: Showing Clutter the Door.
Good Riddance Professional Organizing Solutions
Practically Daughters Senior Move Managers
www.goodriddance.ca