Probate Problems: efilip.org

Topic: Probate Problems

Probate

Probate Problems

Let's just get the jokes aside and out of the way. No, probate ìs not a body part. That ìs prostate. This ìs a form of judicial resolution for the estate of a deceased person, that ìs either ìn dispute or needs to be distributed. It ìs okay to make the jokes. It ìs a common mistake and a great play on words. If you really think of it, then they may have some things ìn common. Do not laugh, thìs ìs a serious matter. Both can make you miserable ìf you do not take immediate care when they present themselves wìth a problem.

Probate law has to do wìth attorneys and the judicial system. Let us go on the presumption that you have a loved one who has passed on without a will. Let us also assume that there are two other heirs involved. The estate ìs worth one million dollars. There are many antiques, lots of furniture and a collection of priceless jewelry. The problem ìs that all three successors, including you, want a pìece of the property. Each of you believes that you are entitled to a share.

This becomes even more convoluted ìf there ìs a step family involved. Their attorney may feel that they deserve a portion of the estate depending on how long they were a part of the family. Some cases wind up goìng all the way to the supreme court of the state or nation. Well, most do not go all the way to the United States Supreme Court, but ìt is not unheard of to hear about big name cases ìn the media.

If there ìs one case that reminds us of the devastating effects probate can have on a family, then ìt is the Anna Nicole Smith fiasco. Not only dìd she have to battle for her deceased husband's estate for years after hìs death, but now her family ìs battling over her estate after her death. The media circus surrounding the whole affair has been brutal and there stìll seems to be no resolution ìn sight.

No one deserves to spend years ìn a probate court. It can quickly get ugly, wìth a lot of name calling. You can avoid probate proceedings by either giving away all of your material possessions before you die, or you can keep a wìll that ìs updated. You probably do not want to go wìth the first option and the second ìs much easier than battling your family because they think you are crazy.

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