Probate Laws – Safely Navigating the Savage Sea of Probate Laws

BY MELANIE WALTERS

Probate laws are designed to protect the estates of those who pass away. Properly planning your estate before you die can save your inheritors time, money, and heartache. The process is not foolproof however, and often wills are contested by relatives who feel slighted on being left out of the will, or not receiving what they feel they deserve. Houses are items that are commonly fought over, and probate concerning real estate can be somewhat complex. Probate laws can sometimes force a case to continue for years before a settlement is reached, and in the interim valuable assets of the estate are eaten up by mountainous legal and court fees. When someone dies without leaving a will, the estate is even more vulnerable to idiosyncrasies of probate laws.

Make a Will to Avoid Being Subject to Probate Laws

Any person over 18 years of age can legally create a will, and doing so is relatively simple. These days there are legal service providers who have online facilities with which you can construct a will. You simply answer a set of set questions after which the finished document can be downloaded, printed off, and sent to an attorney for notarization. Once your will is notarized it can be kept in a safety deposit box, or held by an attorney. Always make copies of a will, and distribute them to select beneficiaries if you desire. Making your desires clear and legally sound will ensure that your beneficiaries receive what you wish them to in accordance with probate laws.

Real Estate and Probate Laws

Dealing with the probate of real estate can be an ugly business, and probate laws don't always prevent a wills probate from becoming nasty. You might think people would be consumed with grief at such a time, and most are. There will be some however who are more concerned with what they got or didn't get, and why you got what you did. Inevitably there may be a contest to the will, and whether the dispute is over a home or some land, the costs can escalate to the point where it won't matter who got what as there may be little or nothing left of the estate by the time it is settled.

The inevitability of probate affects everyone, and having a good knowledge of probate laws can help you to craft a will that is both legally sound and that executes your wishes. Don't leave your beneficiaries to the mercy of probate laws. Have a will drawn up as soon as possible so that when the time comes you, not probate laws will dictate who inherits your estate.

Any holiday gathering can be made into a bitter affair, ending in an argument. In order to avoid a battle in real estate probate court, steps can be taken to assist your friends and family. To start, speak with an attorney and draw up a will that lists the people you want to leave something to. In addition, copy the will multiple times, and keep the copies in a separate and secure place. As it is a good idea to update the will now and then, notify friends and members of the family of any revisions made.

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