Going through probate is a common obstacle that many people do not want to go through. There are many inconveniences it can bring and the entire process itself often goes on for a long time. This can result in problematic delays, and it can prevent assets from being immediately distributed. A number of issues can also come up during probate. When you work with a seasoned probate lawyer like one from Kaplan Law Practice, LLC to guide you through the many complexities that probate can entail, you can avoid running into many issues altogether.
Choose Your Executor Carefully
An executor of an estate is a trusted individual that you appoint otm manage your assets. They are entrusted with fulfilling their fiduciary duty, and are responsible for overseeing all aspects of your estate and ensure that they are protected, safe and are distributed to the beneficiaries after your death. Choose an executor that not only is capable of handling the role, but has a vested interest in meeting their obligations under the law.
Make Sure Your Will is Valid
A highly common problem that happens during probate are challenges to a will. Even if a will is valid, someone may decide to challenge its contents. One way to avoid this is to make sure that your will is valid, which means calculating all of your assets and having a witness be present at the time of the document signing.
Keep Track of Updates to Your Will
Regularly updating your will is good practice, because you may need to accommodate for various life changes such as marriage or the birth of a child. However, it can be easy to mix up changes to a will. Sometimes multiple wills can be confusing, and you may have trouble recognizing which will is the one you prefer to maintain. If you do not specify which will is the most recent, a court will need to determine the right will themselves and doing so can be complex, and can result in disputes among family members.
Establish a Trust
There is a way to set up your estate plan that will allow you to avoid probate. If you establish a trust for example, you can bypass the probate process. Whether you want to have a trust depends on your unique estate planning goals, so talk to a lawyer for advice on whether it is a good idea to incorporate one in your plan.
Find a trusted probate lawyer near you if you need assistance with navigating probate and setting up an estate plan.