Probate Lawyer - Work to Avoid It

Individuals dealing with the loss of a loved one often need to contact and work with a probate lawyer. This professional works hand in hand with individuals to aid in the process of probates, but in addition, these professionals can also help individuals to avoid the process all together. If you are considering what will happen to your estate after you die, talk to an attorney about it long before you become ill. In fact, you can and should start planning for ways to avoid this estate court as early as possible.

How Can You Avoid It?

When a person dies, his or her will enters probate court. This is a process in which a judge will rule of there is a legitimate will available and if so, if the contents are legally binding. He or she then proceeds to establish a timeline during which all creditors of the deceased person can come forward to make a claim on the estate. This includes everything from credit card companies to mortgage lenders and even utility companies. After this period ends, the division of the estate according to the will occurs. A hefty chunk of taxes often comes out as well.

To avoid this, there are several things to keep in mind. Work with your probate lawyer to determine how these can work in your particular situation.

• Determine what property you own and where you would like it to go in the future after your death. 

• Establish a trust for property you wish to pass from to a specific person. This ensures that it does not go through the courts. A trust safeguards from the process.

• Reduce required taxes by making key decisions in the ownership process. For example, as you age, place property into revocable trusts which allows you to still use those assets but still protects them at the time of death from taxation.

• Ensure your estate plan has a life insurance policy. This policy will pay out at the time of death, usually within a few weeks. Your family will need these funds while any property is tied up in probate court. Life insurance proceeds do not go through the same process.

A probate lawyer will work closely with you to structure an estate plan. This plan lays out where all of your money and other assets will go and can move much of it into the hands of a trust to avoid the courts. That reduces the amount of money lost and can help ensure your wishes are still carried out.

For those who are already dealing with probate, lawyer aid is almost always a good idea. These individuals can help you to get through the process with as much of the estate intact and can help to ward off claims on the property that are not valid. Do not avoid the process. Ensure you plan for our own estate long before you die to help ensure the government does not end up with as much as 50 percent of your estate's value.