We’re here to help you move on. Visit our new site!

Gordon’s Estate Services provides real estate and transition solutions. We specialize in serving the unique needs of people who are going through major life transitions such as downsizing or estate settlement. We have been helping seniors and their families through these overwhelming challenges for more than 25 years.

Gordon’s Estate Services now has a NEW website will tons of amazing content, current listings, news, events, and more! Check out the new site at www.gogordons.com

Our goal is to provide insightful and educational content that is directly relevant to anyone who is thinking about downsizing, in the process of downsizing or helping a loved one through the process.

We welcome your comments and suggestions on our new website and encourage your conversations! We’re here to help you move on.

What Having to Move Can Teach Us

A few weeks ago, our colleague, Paul Fensom, blogged about his neighbor who had to move under unfortunate circumstances.  This neighbor’s father, suffering from Alzheimer’s, had to be moved to a long term care facility but as the father had never finalized powers of attorney, the PGT became his  guardian for property and the daughter who lived with him was put out of the home so the house could be sold all despite the father’s informally expressed intention that she be able to remain there for her lifetime (and receive the house as a gift following his death).

This story reminded us of the importance of planning now and before it is too late and of the importance of careful thought in selecting the method by which someone’s capacity is assessed, particularly where no power of attorney is in place.  It also got us wondering about the assessment process of the father’s capacity, and was there a chance there could have been a different outcome.

The capacity assessment in the neighbor’s case was likely conducted under statute, as opposed to privately.  This statutory assessment under the Substitute Decisions Act or the Mental Health Act, leading to a finding of capacity had the automatic consequence of the appointment of the Office of the Public Guardian and Trustee (“PGT”) as guardian for property.  A private capacity assessment would have carried with it no such immediate consequence, leaving an opportunity for a someone close to the incapable person (if there was one) to apply for guardianship and putting forth a plan that would have better reflected (if possible) the incapable father’s expressed wishes.

An assessment under the Substitute Decisions Act, through section 17(1) provides the added benefit of access to the relatively simple process by which the incapable person’s spouse or partner; relative; attorney under a continuing power of attorney; or a trust company can apply to replace the PGT as the person’s guardian; whereas a finding of incapacity under the Mental Health Act does not.

These opportunities are not, we recognize, always available.  In the neighbor’s case it may be that the method of assessment would not have changed the outcome such that selling the house may have been the required course of action; however, the important lesson from this is plan, plan and plan in advance in order to maximize the outcome.

Lesson Learned:

Where there is no “will” (or power of attorney) there may still be a “way” to ensure that an incapable person’s needs are met in accordance with his or her last known capable wishes.  The method chosen to assess capacity (and the possible consequences) can significantly impact the process and outcome.

 

by Jasmine Sweatman

http://www.allaboutestates.ca

Despicable Son Gets 10 Years – Con Man Defrauds Mother

“Mr. [Roman] Kaziuk would rip off the wings of all the angels in Heaven and sell them to the devil for his own gain if he could”: so held Ontario Justice Lesley Baldwin last month when she imposed a 10 year prison sentence on Mr. Kaziuk for frauds he committed against his mother, Feliksa Kaziuk, 88, of Oakville.

At the time that Mrs. Kaziuk’s husband died in 1999, she owned two mortgage free condos in Oakville, a mortgage free house in Miami, a car and over $1 million in the bank.  By the time her son was finished 10 years later she had nothing. It was all gone.

Mrs. Kaziuk had appointed her son attorney for property which he used to put unauthorized mortgages on her properties for his own use.  He agreed at his sentencing hearing that he had fraudulently used the power of attorney to put $98,000.00 and $65,000.00 mortgages on his mother’s property.  As a result of these fraudulent mortgages, Mrs. Kaziuk was evicted from her Oakville condo to live in a homeless shelter.

Fraud was a part of Mr. Kaziuk’s life – telling a former lawyer that his mother had died and that he needed money for her burial, he borrowed $20,000 which he never returned.  Although no charges were laid on this account, this and a criminal record of 69 convictions for crimes including circulating forged documents, fraud over $5,000.00, theft over $5,000.00, possession of forgery equipment, larceny, and fraudulent use of credit card data, were all factors considered in imposing a 10 year sentence.

As far as we are aware this is the first significant conviction under the Criminal Code of an attorney for property.

Lesson Learned:  Be careful whom you appoint as your substitute decision maker – family or not.  Be wary and vigilant – trust and know the individual you appoint.

Until next time,

Written on February 7, 2012 – 5:00 am | by Jasmine Sweatman
allaboutestates.ca

Commissions on real estate and holding costs may be deductible on your estate tax filing

According to Carrie Fenton, Senior Tax Advisor at Secker Ross and Perry LLP;  Even though a principle residence is not taxable in an estate, the cost of holding that asset and the commission on a sale, may be considered a capital expense against the estate- if the house is not lived in or used by the beneficiaries of the estate. In other words, if it remains just a capital assets awaiting liquidation, the costs applied to its sale ( and depreciation if it exists), can be a legitimate deductible cost. If this issue affects you, please discuss it with your accountant.

Gordon’s Estate Services Receives The National Association of Senior Move Managers Circle of Service Designation

Kingston, ON – Gordon’s Estate Services has been awarded the Circle of Service designation by the National Association of Senior Move Managers (NASMM).  The Circle of Service designation is bestowed on senior move management companies that have been a NASMM member, in good standing, for a minimum of five years, and have shown consistent dedication and support of the National Association of Senior Move Managers and the senior move management profession.

“This special designation is awarded to senior move management companies attaining an elevated level of experience and expertise,” said Mary Kay Buysse, NASMM’s Executive Director.  “Gordon’s Estate Services has been instrumental in the development of the senior move management industry and has worked to increase the professionalism, credibility, and visibility of this emerging senior service.”

Seventy-five senior move management companies from across the United States and Canada received the Circle of Service designation this year.  The awards ceremony took place during the National Association of Senior Move Managers 2012 Annual Conference in Austin, TX in early January.

The National Association of Senior Move Managers (NASMM) is a not-for-profit, professional association of organizations dedicated to assisting older adults and families with the physical and emotional demands of downsizing, relocating, or modifying their homes. As the only professional association in North America devoted to helping the rapidly increasing 55+ population with middle and later lifestyle transition issues, NASMM members are committed to maximizing the dignity and autonomy of all older adults.  With nearly 700 members in the United States, Canada, the United Kingdom and the Netherlands, NASMM is internationally recognized for its innovative programs, leadership and expertise on issues related to senior move management, transition and relocation issues affecting older adults.  For more information, visit www.nasmm.org.

Kingston’s Top Choice for Selling Estate Properties

According to the Kingston and Area Real Estate Association Statistics, Gordon’s Estate Services Ltd., sold the 4 most valuable Kingston area Estate Sale properties in 2011, including 2 over $1,000,000. Average market time to a firm sale was only 23 days with an average closing date of only 21 days!

ALSO, in each case, Gordon’s Estate Services worked with the family to completely empty the home and have it prepared for sale. This included shipping assets to family members who wanted them, donating assets to local charities, garbage removal and the management of the sale of remaining assets. Finally, managing pre-sale repairs, completely cleaning the home and getting it on the market in a way to achieve a sale at or above its appraised value.

Below are a few comments from one of these customers;

“It was a pleasure working with you and your company. I feel most fortunate to have been introduced to each and every one of you as I have worked through the difficult task of dealing with Dad’s passing. Already I find myself letting people know about the professional, committed and empathetic approach each and every one of your team provides in dealing with families in emotional situations. You have created a remarkable, facilitative and innovative approach to this part of life’s circle and I wish you nothing but the best with your company’s progress and growth. In the short time I was in Kingston dealing with this part of the estate, I felt surrounded by friends whenever one or more of your team members were present. “ – Laura Palango

As time flies by: Aging and perception of time

How many times have you heard the heartfelt lament, or uttered it yourself: “Where have the years gone?”
Remember the long, lazy days of summer when you were a kid? Or how a school year could seemingly drag on forever? Or that ritual Sunday dinner at a relative’s home that felt not like mere hours, but endless mind numbing torture?

As an adult, on the other hand, many of us can only shake our heads at how quickly the days and weeks and seasons seem to fly by. An entire year, or even five or 10 years, can pass, seemingly, in a blur.

Scientists say the perception of time speeding up as we age is a global phenomenon that is common across all cultures. Why is this? No one knows for sure, but there are several theories from psychologists and neuroscientists as to why our perception of time changes as we age. Here’s a brief overview of some possible explanations for the sense that life, at times, seems to be racing out of control.

It all comes down to the math

One explanation boils down to basic proportional theory. The logic is that at age 5, one year constitutes one-fifth or 20 per cent of a person’s life, and therefore can seem like a long time.

At the age of 50, on the other hand, a year represents a mere one-fiftieth of your life — and as a result, a year seems to go by far more quickly.

Early memories are more potent

Another theory, scientists say, has to do with how information gets stored in your memory when you experience something for the first time. Basically, when an experience is a new or novel one, the brain is wired to store more details.

In an interview on NPR, neuroscientist David Eagleman of Baylor College of Medicine in Texas says that when we have a new experience when we’re older, the brain can embroider on a bank of previous experiences. When we experience something new in our youth, on the other hand, the brain works hard to record all the details.

The result? The list of early-encoded memories is so dense that reading them back gives the illusionary sense they must have taken forever. “It’s a construction of the brain,” Eagleman says. “The more memory you have of something, you think, ‘Wow, that really took a long time!’”

“Of course, you can see this in everyday life,” he adds, “when you drive to your new workplace for the first time and it seems to take a really long time to get there. But when you drive back and forth to your work every day after that, it takes no time at all, because you’re not really writing it down anymore. There’s nothing novel about it.”

The bottom line: when experiences are new, novel or exciting, the brain records them in minute detail, but as experiences become more familiar as we age, the brain doesn’t bother with all the details – so events seem to pass more quickly.

The aging brain

Yet another theory pertains to biological characteristics of the aging brain. This theory holds that as the brain ages, it loses the ability to measure time accurately.

The brain’s neural conduction velocity, or the speed at which brain cells beat or pulse, essentially slows down with age, experts say. So just as when you’re walking slowly, people around you seem to be moving faster, the aging brain thinks more slowly, making the world appear to move faster… and faster.

The speed of time: a paradox

Have you ever noticed that the hours sometimes seem to drag, but the weeks and months still fly by? Scientists have also observed a time paradox for some older people who have reported feeling a slowness of time as it passes, but in retrospect, a feeling that it’s actually flashing past. According to experts, this generally affects people who have few activities, particularly new ones, to fill their day.

ON THE WEB
Listen to an NPR interview [1] on why time seems to speed up as we get older.

Sources: NPR; Psychology Today
Posted on 50Plus.com

Happy Holiday’s from Gordon’s Estate Services

Wishing you the very best this holiday season.

Suddenly the age of majority is 65

The first of the 400,000 babies born each year since 1946 turned 65 in 2011. Bottom line, seniors have become a niche market in the real estate industry.

Many real estate sales reps and brokerages are structuring their businesses to specialize in the needs of seniors, offering integrated real estate, transition and estate services for these demographics. Most seniors are in control of making decisions of when and where to move, but there are others who need a more comprehensive approach due to declining health, mobility issues or because they live too far away to get help from other family members.

Those choosing to specialize in working with seniors need to keep in mind the challenges, fears and emotions seniors might experience at this stage. Special training is helpful to understand how their real estate needs are different. Realtors need to connect with like-minded professionals such as discharge hospital personnel, retirement home directors and financial planners (and even funeral home directors) to meet aging clients’ needs.

An important characteristic of a Realtor who enjoys working with seniors is patience and the ability to handle conflict that can arise within the family. Most importantly, make sure to ask the pertinent question, who actually is the client and who has signing authority?

Building trust with the client is a must. At the discretion of your client, inclusion of family is also important. Respect your elders – when in sound mind and body, they are quite capable of making a smart lifestyle choice.

They’ll need you to offer referrals, resources, advice, patience and guidance throughout the buying and selling process. Specially trained Realtors have learned how to analyze and assist in the many scenarios that can arise in living these later years.

There are a variety of courses available to Realtors such as Accredited Senior Agent (ASA), Senior Real Estate Specialist (SRES) and Certified Relocation and Transition Specialist (CRTS), to name a few. I have taken them all and I have learned something valuable for my business growth from each one.

Manson Slik, real estate broker/partner of Gordon’s Estate Services and CRTS course instructor, says, “Dealing almost exclusively with senior clients like we do in our firm is both fulfilling and challenging. Many of the clients we deal with are first-time home sellers who purchased their home in the 1960s when things were pretty uncomplicated. Today you have to walk them through agency, MLS, disclosure forms, FINTRAC, staging, insurance issues, home inspections and WETT inspections.”

Silk says the key is confronting all of these things on the front end of the listing so their expectations are fully set for what is to come and so you have the best chance of building a firm sale for them. “If you are an 87-year-old widow and accept an offer on your home, only to have the offer renegotiated or fall apart due to a home inspection or some other event that could have been prevented by taking care of it in advance, it makes for a confusing and upsetting first-time/last-time home selling experience,” he says.

In my experience, I find the biggest hurdles for most of my clients are the fear that they are making the right move, what to do with all their stuff and where to go next. Asking questions, investigating and planning are where it all starts. I feel there is a need for education to help seniors through the mounds of paperwork, housing choices and legalities of real estate.

I wrote a book called Beyond the Sold Sign. A Canadian real estate planning guide for seniors. This workbook/planning guide offers everyone including other professionals, family members and caregivers a tool to use when helping their clients with the planning and selling process. Various chapters discuss the importance of financial and estate planning, tax implications, downsizing, letting go of many years of personal attachment, as well as the home preparation and the selling process.

It includes a personal and financial record-keeping diary to keep private information in one place.

Julie Wilson, ASA, SRES, is a sales rep, author and Brighton branch manager at Gordon’s Estate Services in Brighton, Ont. She began her real estate career in 1985. Phone 613-475-4464. For more information about her book, visit www.beyondthesoldsign.ca. For multiple copies call 1-855-803-2220.

 

By Julie Wilson for REMonline.com

5 Tech Trends in Senior Housing

Technology and healthcare are two of the hottest industries in terms of employment outlook and revenue right now, and coincidentally, the two industries complement each other so nicely that they’re like two adjacent puzzle pieces. Technology is increasingly a big part of healthcare management, and more recently, senior living. Whether your love one resides in a community setting, such as assisted living or independent living, or in her own home alone, new technologies are entering the market that can improve your loved one’s safety, mobility and independence. Here are a few top trends in health technology:

1.  Wander protection. Several new programs and gadgets have been introduced that aim to protect elders from Alzheimer’s-related wandering. Wanderers endanger themselves, as they can easily become disoriented and lost.

2.  Wi-Fi is a must. Seniors are becoming increasingly tech-savvy, and much like the working generation, wireless access is considered a necessity, not a luxury. Wireless internet access allows seniors to use their own laptops to stay in touch with family, friends and even business associates.

3.  Engaging websites. More and more, seniors and their families are turning to the internet in their search for senior housing options. Assisted living (and independent living, nursing homes and other types of senior housing providers) websites must be engaging and informative. The better your facility is tapped into the web, the more referrals you’re likely to receive. That means having a presence on prominent social networks, a quality static website and interacting with your potential customers on a regular basis. The internet is no longer an ancillary marketing tactic.

4.  Opportunities for web-based continuing education. Baby Boomers are hesitant to retire, and today’s older adults aren’t about to let their minds go to waste as they age. Senior living providers are increasingly partnering with local colleges and universities to offer free or discounted continuing education opportunities, allowing seniors to remain sharp and even delve into totally new topics in retirement.

5.  Going green. Not a “tech” trend in the literal sense, but environmental friendliness tops the list of many seniors’ priorities when choosing senior housing. Think: energy-efficient lighting, low-VOC paint and sustainable resources, like bamboo flooring. Going green can involve tech devices that help simplify processes, but the green revolution is all about making the most of the resources we have. Many of today’s seniors have experienced an economy slump at some point during their lives, so the “Reduce, Reuse, Recycle” concept in a senior housing complex rings true. And, it’s always good to feel like you’re doing something to help preserve the future of our planet for generations to come! An official environmentally-friendly certification is a hot selling point for any senior living community.

by Angela Stringfellow for  SeniorHomes.com

Do I hear $100,000?

“Going once, going twice . . . sold to the lady in the pink hat!”

Just two years ago, it was fairly easy to sell a house across North America and bidding wars were all the rage. But when the economy tanked, lonely For Sale signs simply gathered moss. The United States responded with immediate foreclosures and many houses were put on the auction block to generate quick sales.

Sure, the U.S. experience was not entirely pleasant, given the sheer number of people who had their welcome mats pulled out from under them. But the ensuing frenzy put the age-old practice of auctions back in the spotlight and drew the curiosity of Canadian homeowners and developers looking to unload properties in record time.

“With an auction, we’re forcing you to be decisive,” says Chris Longly, deputy executive director of the National Auctioneers Association (NAA) in Overland Park, Kan. “We’re going to force you to get out of that car and you’re going to have to make a decision. You can’t wait anymore for us to drop the price. You’re going to have to compete. Who knows what the person on your left and your right are going to pay? It comes down to, ‘How bad do you want it?’ ”

The process of a real estate auction is fairly straightforward. The agent/auctioneer and seller decide on an auction date and the type of auction to be conducted, typically unreserved or reserved. In an unreserved situation, the seller is obligated to sell the property regardless of the price result. Reserve auctions include “published minimum bid” where the lowest price the seller is prepared to accept is published, or “subject to seller confirmation” allowing the seller to retain the right to accept or reject the highest bid. There is also “subject to reasonable reserve” that is not published and only the auctioneer and the seller know. Commissions are paid either by the seller, the buyer, or a combination of both, or in some cases could be a flat fee.

“Rather than trying to anticipate the value of your property, the price discovery process is left to the hands of the marketplaces,” says Manson Slik, a partner at Gordon’s Estate Service in Kingston. “So you’re never in a position of underpricing your property and selling it in a day, or overpricing your property and sitting in the market for potentially multiple months.”

Gordon’s Estate Services has been complementing its traditional listing service with real estate auctions since 1985 and has found its niche: The majority of Gordon’s clients are senior citizens and estate executors who want to sell quickly.

Usually, Slik explains, the owner has lived in the house for a long time and is looking to downsize, or the owner has died and the executor wants to get the home out of the family’s hands. Rather than knock in a lawn sign and sell the property to the first person that comes along, says Slik, “the price discovery process is left to the hands of the marketplace, versus the real estate and the agent trying to anticipate what the value of that kind of vacant, and often depreciating asset has on the marketplace.” Gordon’s not only runs the auction but assists with cleaning, packing and unpacking, moving and property management.

While 40 per cent of Gordon’s clients choose auction over a traditional listing, Slik says the Ontario real estate auction market is “a completely disorganized and unregulated business” because there is no licensing process for auctioneers. Only a few companies in Canada hold Accredited Auctioneer Real Estate (AARE) designation from the NAA, and so he cautions both buyers and sellers to choose carefully when considering someone to auction their property.

Those in the business urge buyers and sellers to carefully examine the credentials of the person chosen to close the deal.

“Anyone can hang up a shingle and call themselves an auctioneer,” says Longly (auctioneers.org), representing close to 5,000 auctioneers in North America and around the world. “To be a professional auctioneer, education is essential.”

The first rule is to make sure the person has a real estate licence and is either licensed in the province where the property is situated or is aligned with a local broker. Also, check that they are licensed under the Real Estate and Business Brokers Act to ensure they are reputable, carry the proper insurance and uphold a code of ethics.

“Any time you try to sell a house without a realtor, you’re taking a huge amount of risk,” says Dale Ripplinger, president of the Canadian Real Estate Association (crea.ca).”I mean, you could go to court without a lawyer, but why?”

Interestingly, the momentum south of the border has some American companies now working the Canadian auction scene or planning their Canadian debut. For example, Kennedy Wilson Auction Group of Beverly Hills, Calif., recently held an “inventory closeout auction” in Calgary to sell off 40 new luxury condominiums at Lake Windermere Pointe in Invermere, B.C. Bidding started at $85,000 for units that were previously priced at up to $589,900. The sale — the company’s first in Canada — is in conjunction with Calgary broker Buss Marketing.

“If you have a great product, which this is, and you’re offering it where the public would be interested under the terms, which I think we have, and you have some demand for this particular product, which we’ll see as we’ve just started the marketing program, and you have financing, then I’d say the auction will go very well,” says Rhett Winchell, president of Kennedy Wilson.

Boston-based Velocity Marketing Services, which conducts auctions for condominium developers selling off blocks of unsold units, has aligned with PMA Brethour Realty Group of Toronto to consider bringing its talents across the border. President Andrew Brethour says Calgary and Vancouver look promising because their housing markets have declined severely over the past two years. In Toronto, RealNet estimates tens of thousands of condo units will close this year and next. Many will be rented, says Brethour, and that may depress the market and make auctions a necessity.

“The application of an auction philosophy doesn’t have to be liquidation and doesn’t have to be deep discount,” says Brethour, whose company works with more than 30 real estate developers in Canada to market the sale of their new housing projects. “But the ability to move a great number of suites or units in a very short period of time — like in one day — is very attractive to developers and lenders.”

National Post

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To ensure professionalism, the National Auctioneers Association (NAA) offers an Accredited Auctioneer Real Estate (AARE) designation proving the recipient has “gone the extra mile” to assure they offer the highest level of professionalism and the most up-to-date information when selling residential, agricultural, commercial or industrial properties. AARE holders have successfully completed three classes and submitted documentation of 10 auctions, an auction summary report and application to gain the designation, and must maintain it through continuing education.

“You need to be aware that you’ve hired a company that has demonstrated they have the ability to meet specific licensing and insurance requirements and they have a track record of successfully selling a wide variety of properties,” says AARE-certified Manson Slik, a partner at Gordon’s Estate Services in Kingston (gordonsestateservices.com).

Adds Mr. Longly: “Real estate is the biggest asset someone will own in their lifetime so get reference checks. What is their sales record? Do they have experience in selling your particular type of sale? You probably don’t want to hire a livestock auctioneer to sell your real estate. They’ll sell your Black Angus cattle but they’re probably not going to be good at how to show and present a luxury piece of real estate.”

 

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