Writing A Will And Probates

Probate Problems

It is pretty funny if you think about it. What? Are you confused already? I am talking about how probate and prostate sound so much alike. But one is a body part found in the male body and the other is the distribution of material possessions once a person has died. Both can be very serious if they are not paid attention to and then something goes wrong. Sure it may sound funny, but in reality a trip to the district court is not a good thing.

Probate law has to do with attorneys and the judicial system. Let us go on the presumption that you have a loved one who has passed on without a will. Let us also assume that there are two other heirs involved. The estate is worth one million dollars. There are many antiques, lots of furniture and a collection of priceless jewelry. The problem is that all three successors, including you, want a piece of the property. Each of you believes that you are entitled to a share.

This becomes even more convoluted if there is a step family involved. Their attorney may feel that they deserve a portion of the estate depending on how long they were a part of the family. Some cases wind up going all the way to the supreme court of the state or nation. Well, most do not go all the way to the United States Supreme Court, but it is not unheard of to hear about big name cases in the media.

If there is one case that reminds us of the devastating effects probate can have on a family, then it is the Anna Nicole Smith fiasco. Not only did she have to battle for her deceased husband’s estate for years after his death, but now her family is battling over her estate after her death. The media circus surrounding the whole affair has been brutal and there still seems to be no resolution in sight.

Probate is not always a bad thing, but if it has degenerated down into a battle over possessions because of a contested will or a lack of will, then it can be a serious drain, both financially and emotionally. It can quickly separate families and cause huge rifts that are irreparable. You can do your part by keeping an up-to-date will and keeping your next of kin informed of your final wishes.

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