If you have a Will when you die, it might have to go through a judicial process known as probate. During probate, a court confirms the validity of a Will and oversees the distribution of assets and payments of debts. It’s a process that can be complicated and lengthy, even when everything goes smoothly. For this reason, you do not want to introduce any unnecessary problems into the probate process. Here are three specific problems you should make an effort to avoid so your loved ones don’t have to bear any more stress at a time when they’re also grieving a huge loss:
1. Will contests
Will contests are fairly common. It could happen if you disinherit someone, or if you do not split your assets evenly among heirs. For example, let’s say you have two children, but you decide you want to leave 65% of your estate to one child and the remaining 35% to another child. While that is certainly your right to do that, it’s easy to see why the child who’s getting less might try to contest the Will, not to mention harbor animosity toward the sibling who’s getting more.
When a Will is contested, it prolongs the probate process. Will contests cost money and can last a long time, which delays giving people their inheritance. Even when there are no major problems, probate can take several months to several years. You don’t want to do anything to make it take longer than it should. To avoid a scenario where your Will is contested, it might help if you include a statement that explains your reasoning behind the distribution of your assets.
You may also want to consider having a medical evaluation before finalizing your Will so that no one can claim that you were not of sound mind when drawing it up. An estate planning attorney can work with you to lower the likelihood of your Will being contested during probate.
Finally, it’s important to discuss your wishes with your loved ones before you pass. Doing so could help avoid a Will contest, and it could help avoid conflict between loved ones after you’re no longer around to help resolve it. You also do not want your loved ones questioning your love for them. It’s best to explain everything and get it out in the open ahead of time.
2. Missing documentation
You may have a detailed Will that shares your wishes for the distribution of your assets. If those assets are difficult to locate, it could drag out the probate process and cause your loved ones a world of aggravation and stress.
That’s why it’s so important to work with an estate planning attorney when you’re putting a Will together. An estate planning attorney can tell you what additional documentation you need and what added information you should provide so that your estate can be administered as smoothly as possible during probate.
3. Not talking to your executor first
As part of the process of writing a Will, you must designate an executor, but it is a big mistake to designate an executor without talking to them first. This is so because being the executor of a Will is a lot of responsibility. If your executor is not up to the task, it could delay probate. Therefore, you should talk to the person who you want to serve as your executor first. Not only that, but it’s a good idea to walk them through the details of your estate, including where to find a copy of your Will, how to access your financial accounts, and what assets and debts you have.
At The Mendel Law Firm, we understand that probate can be stressful for many people. Our estate planning attorneys understand the complications that can arise during probate and strive to offer suggestions on how to head them off ahead of time. We can also offer alternate estate planning solutions that could avoid probate altogether. No matter your situation, we’re here to help you create an estate plan that gives you the peace of mind you deserve. Call our office today at (281) 759-3213 or contact us online to discuss all of your estate planning needs.
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