We all know that the creation of a last will and testament is undoubtedly
important – it allows your assets to be distributed in accordance
to your wishes – and yet the steps taken to draft it are twice as
important. If there is vagueness in the language of the will or if the
intent of the property’s distribution seems unclear, someone may
call the entire thing into question and demand a
probate. In most cases, probates cannot be denied if there is acceptable reason
to call for it. This means there could be weeks – or months –
of delay before your assets are distributed as you had intended, which
may add stress to your family members who were depending on inheriting
How can I avoid probate?
If you want your loved ones to avoid the headaches and delays a probate
court will ultimately bring, there are three major things to keep in mind:
Trusts: If you choose to form a trust over a will, not only will it be stored in
private records rather than public ones, you personally name the individual
who will be the trustee. This person can be someone you know and trust,
and it will fall upon him or her to ensure your assets go to proper beneficiaries
without the need of court proceedings.
Joint tenancy: If significant portions of your property – such as households, vehicles,
or business ownerships – are given joint tenancy with another party
before your passing, that party will assume total possession of them.
Retain a lawyer: Hiring a professional probate attorney is perhaps the
most important thing you can do when drafting your will. Ensuring that the will is drafted
correctly the first time with the help of an experienced estate planning
lawyer can altogether eliminate any chances of someone contesting the
will and demanding a probate.
If you want to rest assured that your wishes will be enacted just as you
had intended, and as soon as possible, you should consider your options
when it comes to putting them to paper. The best advice, though, is simply
to seek the best legal counsel you can find. For compassionate and knowledgeable
support with your estate planning in Irvine, California, look no further
than the professionals at
Peter Rasla & Associates, P.L.C.
Contact us today for all your questions and concerns regarding probate
Free consultations are available.