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Home >> Ways to Avoid Probate Nightmares Part 1

Ways to Avoid Probate Nightmares Part 1

November 21, 2011 by Robert Kulas. Leave a Comment

In most cases, people expect to live comfortable off their retirement while expecting to leave portions of what is left to those listed in wills. Why would this not be an expectation considering how hard people work to build up assets and gain property throughout their lives? If this sounds like you, and you are concerned about the assets and properties you have accumulated, consider legacy planning as part of your estate planning process. These plans help you by allowing you to plan ahead with regards to your assets and property following your passing. This process is not only for the wealthy, but also for people of all walks of life in possession of assets and properties.

During the legacy planning process, it is not uncommon to begin thinking about creating a will as a way to ensure these transfers are handled properly. However, this is just one of the steps in the estate planning and legacy planning processes. Wills are important, but the creation of them does not ward off such nightmares as probate. Probate law differs from state to state and, in most cases, the fees associated with probate lawyers are high. The process of going to probate court involves inventorying the deceased’s property, ensuring all the deceased’s debts are paid off, and distributing property according to what is outlined in the will. If there is no will, distribution of property occurs based upon state law.

This entire probate process could take up to seven months; however, it is also possible for it take several years. Probate is dragged out when people are contesting a will, as well as in cases where property owned is spread out across more than one state (beyond the state the deceased resides in). These issues postpone the distribution of assets and properties to the rest of the beneficiaries listed in the will. Putting a legacy plan together does help prevent the probate process, and speeds up the process of appointing guardianship, appointing executor of a will and settling debts.

Did you know there is what’s called will substitutions available for people trying to avoid probate? For those interested in having full control over what happens to all their assets and properties outlined in their will, part two of this series outlines six suggested will substitutions in addition to how they work to avoid probate. These substitutions should, as with the rest of your estate planning and legacy planning, be discussed with your estate planning lawyer.

Filed Under: Probate Tagged With: avoiding, contesting a will, creating a will, Estate Planning, estate planning lawyer, executor of a will, guardianship, Probate, probate court, probate lawyers, wills

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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