Probate: A Process That Costs Money and Time

Death is something that will happen to all of us, but not many of us are prepared for it. Some of us have estate plans in place. Many people have wills in place, but in the grand scheme of things, a will is not enough.

For anyone who has assets, a trust is needed. Otherwise, the assets will need to be distributed based on state law or the will, if there is one. The court will need to oversee this process, which is called probate.

Probate is a time-consuming process. Many families have been dealing with it for years after a loved one’s death. Probate was designed to protect those assets from greedy relatives or those who have no legal right to the deceased person’s assets. However, probate is far from perfect. The slow process often means that bills are left unpaid. This can affect the surviving spouse, who often cannot handle all the expenses on their own.

Probate laws vary widely from state to state, and the process can be complicated. Even with careful planning, it’s not uncommon for loved ones to find themselves caught in a legal dilemma. All of a person’s assets, including bank accounts, may be immediately frozen after their death. This means that nothing may be accessed, and no outstanding bills can be paid.

To clear things up, the estate has to go through probate. Probate is a process that can last several years or even longer with complicated estates. Loved ones are often entangled in a drawn-out court process that they never anticipated. They think all they need is a will. It’s much more complicated than that, unfortunately.

Probate is a legal procedure that takes place when someone dies. The court supervises the distribution of assets to the deceased’s heirs.

Lawyers often encounter clients who don’t understand what probate is or how it works. A good way to think about it is like a camera. It’s like an imaginary camera taking a picture of the deceased person’s property that is titled in their name at the time of death. If any property, such as a home, bank account, or vehicle, is titled in that person’s name, the state will require a court process.

Probate has become more complicated in recent years. Assets cannot be released until probate is complete. Keep in mind that banks have become more cautious about assets and may refuse to release them without a final court judgment.

The best way to avoid probate is to have a trust. A trust is a legal arrangement that details your wishes for how and when to transfer your assets while a person is alive.

Seek Legal Help

Probate is often a lengthy process that families must go through when a deceased loved one does not have a plan in place.

There’s often a lot of drama involved in the probate process. Accounts may freeze. The process can take years. Get the help you need from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We can handle your Florida probate dispute with skill and efficiency. Schedule a consultation today by filling out the online form or calling 954-764-4330.

Source:

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