What are the Pros and Cons of Entering Probate Court?

Probate is the legal process of validating a will, if applicable, and distributing a deceased person’s assets after their passing. The main goal of the probate process, and the involvement of the probate court, is to protect the decedent’s property, inventory their assets, ensure all debts are paid, and then distribute the estate per their testamentary wishes or per the probate code, whichever is applicable.

Although probate is often seen as a tedious and costly process that most people do not want to experience, if unavoidable, it has its benefits. Entering probate court guarantees the court will oversee the administration of the decadents’ affairs. Court oversight can lessen the worries of a beneficiary. 

For those who have died “intestate”, which means without a valid will or trust, the decedent's property goes through “intestate succession” per the probate code. Ultimately, the goal of the process is to ensure that property goes to the people you want it to go to, and if you don't express your will, then to your legal heirs.

On the other hand, probate has its drawbacks since the process can be lengthy and stressful. The probate process will typically take at least one year to eighteen months and can take up to several years depending on the complexity and nature of the assets, debts, and beneficiaries. Because of the long duration, inheritance may be postponed for the heirs. Nobody wants to sit through court proceedings or meetings with attorneys after a loved one recently passed. Legal expenses reduce the value of your estate that passes to your heirs. In addition, the probate process is a public proceeding in which your personal family matters and financial information is available to the public.

Tresp Law, APC, will guide you through the probate process with care, compassion, and confidence. Our attorneys work with you to administer the decedent’s estate, identify and distribute assets to the beneficiaries, and provide services for other issues that may require the attention of a probate court, including Lost Wills, Will Contests, Removal of Executors, and a variety of other Probate Litigation matters. Contact Tresp Law, APC and speak with one of our attorneys who have extensive experience representing clients in probate cases involving assets in multiple states and international assets, including real estate, stocks, bonds, annuities, and other investment forms.

Overcoming Language and Cognitive Barriers in Estate Planning

Effective communication skills are essential, especially in the legal world. In our vast and diverse world there may be times we cannot understand each other due to cultural, language, or cognitive barriers. This can especially be the case with the elderly.

Considering these barriers in the context of Estate Planning, the attorneys at Tresp Law, APC carefully account for these hurdles and consider effective approaches to understanding our clients’ needs. This involves getting to know our clients and adjusting our communication styles appropriately to their comfort level. Tresp Law, APC covers all bases when it comes to Estate Planning and provides engaging experiences where clients feel comfortable with every decision made. Contact us today at 858-248-2779 to schedule a free consultation.

What To Do When Your Family Is Arguing Over Inheritance

Unfortunately, surviving family members often argue over inheritances, even when prior to your passing things seemed harmonious. This is particularly common in blended families when spouses have children from a previous marriage.  

Your inevitable passing may be an uncomfortable topic to discuss with family, but it is important that they understand your wishes.

The best way to tackle this involves retaining a competent attorney to establish your estate plan. A legal professional will give you the tools and knowledge necessary to provide financial security, protection, and a plan for your family. Formalizing your plans will help minimize the risk of disputes in the future.

Our talented estate planning attorneys have the knowledge, skills, and experience necessary to successfully draft your trust, will, and other planning documents, and guide you through the process to ensure your peace of mind and resolve any family disputes. Contact Tresp Law, APC. today at 858-248-2779 to schedule a free consultation.

When Is the Best Time To Create An Estate Plan?

Many people are curious about when it is the right time to create an Estate Plan. The answer is, as soon as you become an adult. As a legal adult, you become responsible for keeping track of all your financial matters. It is important to think about where you want your assets distributed, but as a young adult, thinking about estate planning seems like a far off concern.

Throughout your life, you experience normal steps taken that foreshadow prioritizing your Estate Plan. The big events in your life, such as opening a savings account, buying real property, getting married, having children, inheritance, divorce, or travel can all highlight the need for Estate Planning. Changes in life can occur at any time so it is essential that matters get taken care of and are in writing.

When you have your first child, it is crucial to identify a guardian to care for your child in the unfortunate event of your incapacity. When creating a will, usually a guardian is nominated for your children. As time passes by, you will need to update your will.

Don’t wait till the last minute to create your Estate Plan. Our talented estate planning attorneys have the knowledge, skills, and experience necessary to successfully draft your trust, will, and other planning documents, and guide you through the process of estate planning to ensure your peace of mind. Contact Tresp Law, APC. to learn more about the estate planning process. Call us any time at 858-248-2779 for a free consultation.