Wills Probate FAQ

ills


 
Do you have a large or complicated estate?
Do you have specific wishes regarding the disposition of your property?
Do you have minor children?
Do you have a blended family?
Do you own real property?
Do you want to save money during the probate process?
Do you have an estate worth more than two million dollars (not including the facevalue of your life insurance policies)?

That is common. Most people who do not have Wills have delayed simply because they cannot agree upon who will get the kids. The best solution is to invest the time necessary to agree upon a guardian now and schedule an appointment to have your Wills prepared. If that is not possible, there is a short term solution.

Since each spouse will obtain his or her own Will, the possibility exists that each spouse can name the guardian of his or her choosing in their respective Wills. If drafted properly, last to die wins so to speak. If you simply can’t fathom the thought of allowing the surviving spouse to have the final say, or if both of you were to die together, a conflict will arise that the Court must resolve. In our opinion, that is better than dying with no Will and forcing the entire family to go to Court to fight over the children. At least each of you will have expressed your preference in writing, giving the Court some guidance as to whom to select to raise the children. Not to mention the fact that it would have been a dependent administration otherwise if you had died with no will. It is not a perfect solution, but it is better than delaying and dying with no Will. Once the two of you can agree upon a guardian - which is a much better course to take - it is a simple process to
amend your Wills and select the same guardian.

They say “Time” is the new currency. Too many people delay getting their Wills because it is not convenient and they are not able to invest time during the workday for that task.

Complete this form (one for you and your spouse) and the information will be e-mailed to us. If you have access to a notary and two disinterested witnesses (people who will not inherit from you or your spouse), you do not even need to come into the office! Have questions? Give us a call from work or send it by e-mail. We can handle the entire process remotely, when it suits your schedule. Complex estate planning, however, will not be handled remotely.

If you have other questions about Wills, Directives to Physicians, Medical Powers of Attorney, Durable Powers of Attorney, Guardianships or Trusts, check our Frequently Asked Questions Page.

 

robate

Our firm also practices Probate and Estate Administration. Probate is the legal process by which a person’s debts are paid and assets are distributed upon her or his death. Estate Administration includes the probate process as well as non-probate transfers of the deceased’s assets. If you have questions about Probate, refer to our Frequently Asked Questions. If your question is not answered there or when you are ready to retain counsel to assist you with the probate of your loved one's estate, give us a call.

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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.