Probate court is where a judge decides on the legal
distribution of property among the living heirs. If a will exists, the judge
reviews the document and decides on its validity. All beneficiaries in
the will receive a notice and can attend the hearing. Problems can arise when
no will exists, when the document has errors, or if someone suspects fraud of
some kind.
Below are some reasons why having a professionally prepared
will can help prevent a probate battle.
A will avoids the danger of a long-absent relative arriving
at the probate hearing to demand a share of the estate. A probate lawyer works
carefully with their client to make certain the paperwork covers all assets and
distributes everything as the individual prefers. The process includes the
appointment of executors and often the addition of other legal documents.
It is unlikely a judge will take the word of someone
uninvolved with the family over a reliable, professional attorney hired by the
now deceased individual to help with this effort. The preparation of a will
saves time and money for the beneficiaries. It cuts down on the likelihood of
future court hearings as well as the expense of the initial probate hearing.
Handwritten wills, often known as holographic wills, rarely
meet the standards required by modern law. Too often the writing of the
document took place without witnesses and never received a notary stamp. Most
courts around the country refuse to accept these as genuine documents because
it is difficult, if not impossible, to prove their validity.
Concerns also exist for more modern holographic wills like
the ones written with the help of online templates. Many people use these
documents because of their simplicity but the generically written forms may not
meet all state guidelines. Again, the paperwork becomes invalid if it does not
have a notary stamp and signatures from witnesses.
Family members often verbally agree with their loved ones
about sharing an estate with a charitable group or friends. However, many
people do not follow through with their promises after someone dies. A will is
a safe way for people to have the assurance their gifts reaches the people and
places they wanted after they pass away.
Unrelated individuals do not have the right to contest a
decision in a probate court. However, other family members may step in if they
feel their relatives are not honoring the wishes of the deceased. The argument
may drain the assets in the estate so much that the gifts become impossible to
give.
People have the legal right to include anyone they wish in
their will and to divide the assets as they like. A lawyer ensures the wording
in the document clearly expresses the wishes of the writer to avoid probate
battles based on semantics.
Undue influence can happen when anyone bullies an elderly
person into a will change to benefit themselves. It is a common concern for
people suffering from dementia, as they may not realize the damage caused.
Family members may need to fight long battles to stop this type of theft.
Any sudden and extreme change in a will, especially in the
later years of life or after a diagnosis of a dementia-related disease is a red
flag for judges. The real beneficiaries are safest when a well-written,
thoughtful, and professionally prepared will exists before this attempt takes
place. Reputable attorneys know the signs of coerced will changes and typically
refuse the service.
At
The Law Office of Carla D. Allen,
our attorneys create binding, probate-safe wills that ensure all beneficiaries
receive the gifts you want them to have. We also offer many other options to
review to make certain that you prepare properly based on your own family
situation and financial status. Schedule a consultation today to discuss all
your plans.
