In addition to probate can be time-consuming and expensive, it centers around the passing of a loved one. Disputes during probate usually arise between family members. The reason you create an estate plan is to protect the people you love the most. With proper preparation, you and your attorney can significantly reduce the likelihood of disagreements and challenges.
People want to leave behind cherished memories. No one wants their passing to be the cause of a fight between family members. Here are things you can do right now to prevent that from happening.
Make Appropriate Choices
If you are set on avoiding probate, talk to an estate planning attorney about creating a trust. There are different kinds of trusts, but they will bypass probate. Probate essentially takes control of your assets, looks for a valid will, a personal representative, and distributes everything based on your will—or by statutes if there is no will.
When you create a trust, the trust possesses your assets.
Should you decide on creating a will, one of the most important decisions you will make is deciding who your personal representative is. This is the person who will represent you and your will after you pass.
Don’t choose someone based on their position in the family or because of their friendship with you. Pick the person who can resolve conflict. Any sort of disagreement the family has with your will could be directed at this person. Who do you trust to speak on your behalf? And who is going to de-escalate issues?
A Strong, Valid Will
A will is only going to be as good as the person who drafts it. Wills can be contested. With this in mind, it is important to remember that your wishes need to go from you to a document. The person or attorney who creates the document must be familiar with the process’s laws and procedures.
Remember that a probate court will not only look for a will, but they are going to seek out a valid will.
The best way to do this is by choosing an attorney who you trust. Ask your friends and family who they used for their estate planning. And then have a consultation with one. You can use some of the concerns brought up in this blog as reference points. You can get a feel for their experience by seeing how many wills they have drafted. Or you can ask them about how they approach wills and the things they consider when preparing them.
ElDeiry & ElDeiry, P.A
For more than 25 years, ElDeiry & ElDeiry, P.A. has been helping people with wills, trusts, estate planning, and probate administration. We are a family-based law firm that wants to assist other families plan for the inevitable. Contact us to schedule a consultation, and we look forward to giving you peace of mind.
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