When I first started out in Law I worked in the Probate Court. The Judge was a wonderful man, very compassionate. We were all there to help folks sort out the estate of a loved one.
When I left the court system and went into private practice, working probate was simple for me. I knew the ropes. The biggest problem that I see with the probate system is that state resources dictate how your case is handled. For many this means a long expensive process.
If you only have a simple will or have no will at all then your estate will go to probate. The court will then work with your heirs to determine what assets you have and how best to distribute them. Unless all the T’s are crossed and the I’s dotted, this system can get ugly fast. Family can fall apart when faced with the stress of probate, especially when money is involved. It happens all the time. Many of us believe that the kids will do whats right but it just doesn’t work out that way even with the best children. I always tell folks that if you could avoid probate then do it. More about that in a little bit.
Stress on our heirs (our children) is my number one reason. I see people pulling their hair out when they are going through probate. I help them with the process and that takes a lot of pressure off the kids.
Probate is a public forum for anyone interested to examine your estate. Heirs come out of the woodwork and if you are not perfectly clear in your will or if you have no will at all then the nightmare for your kids begins.
Probate is a slow process where money and assets can be frozen for a long period of time especially if anything is in dispute.
Avoid, Avoid, Avoid.
If you have assets and you want to protect your legacy and family then consider Avoiding Probate.
Avoiding probate is pretty straight forward and simple. In the current environment the best way is to draw up what is called a Living Trust and have a well thought out plan of how you would like your legacy to be protected and carried on.
That’s my expertise. This is one area of the law when everyone walks away happy except that not so happy heir who would have messed up the process in probate. My clients who prepare in advance feel wonderful about protecting their legacy and having their wishes carried out with stress and public display taken out of the equation.
I feel honored that folks take my advice and pay me for it. When the job is done I feel wonderful to have helped in a small way. More importantly the kids that I deal with during the settling of the estate process are comfortable knowing that their mom or dad’s wishes were taken care of. Their legacy lives on. Here is some free advice, if you have assets and you want to protect your legacy then explore setting up a living trust. That’s the best advice I can give.
Feel free to contact me with any questions about Legacy protection or Estate planning. I would be honored to help.
Kate's a practicing Attorney for over 20 years. She is a pet rescuer and a strong supporter of pets Rights. Kate expertise is Real Estate, Probate, Estate Planning, Personal Injury, and Business contracts. Kate is happy to discuss any legal or pet matter you may have and if she cannot help; she is more than happy to point you in the right direction. Kate Forte 17 Good Hill Rd Woodbury Ct 06798 Office 203-598-8847 Fax 203-841-1116