Notice: Due to COVID-19, we are available for either via video chat, phone, or email meetings. Please don’t hesitate to contact us if you have any questions!

Three Important Tips for Avoiding Probate

We all know that the creation of a last will and testament is undoubtedly important – it allows your assets to be distributed in accordance with 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 probate. In most cases, probates cannot be denied if there is an 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 some property.

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 for 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 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 litigation. Free consultations are available.