Writing A Will And Probates

Going to the Supreme Court

It may be a safe assumption that you would like to avoid going to a Supreme Court. A trip to this court is usually not a pleasurable visit and not one that most people take voluntarily, except if you are an attorney wanting your shot at fame or a judge on his or her way into work. As well, when it comes to the probate court, you definitely want to spend as much time out of the courtroom as humanly possible.

A Supreme Court of any state in the continental USA, as well as Alaska and Hawaii, is one of the highest courts of the land. It is part of the three branches governed by the Constitution of the United States of America. The other two are the Executive Branch and the Legislative Branch but those are not involved in probate court processes. You do need to keep in mind that most probate problems start at the county level.

When a death occurs, probate is an automatic process. An executor is appointed to oversee the distribution of the estate according to the deceased party’s will. If there is a dispute among the relatives and other parties, then a probate judge must rule on who receives what. This could be property, homes, jewelry, furniture and even innocuous items such as clothing and shoes. Anything can be up for grabs during an argument. Every party believes that they are the rightful heir. To them it is a black and white affair, but to a court there is side a, a side b and the truth which lies between the two.

Attorneys have to be involved if the dispute makes its way into court. An attorney should be involved during every stage to ensure that all legal procedures are followed so that there will be no possible repercussions later down the road should someone protest. Even an iron clad will can be disputed, so keep this in mind when you are creating your own. If you see that there will be issues with your property and you either do not have a spouse or your spouse has passed on, then you may want to liquidate your assets and distribute them according to how you see fit.

Unfortunately, there are cases that make it all the way to a Supreme Court. It is never a good thing for either party because the media attention, especially on high profile cases, can be devastating to everyone involved. No one walks away truly a winner. Fighting over material possessions can rip families apart. Hopefully, it will not happen to you and your family.

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