Journey Through Real Estate Law

When you initially create a will with your lawyer and make plans for your estate once you are gone, there is no question that you will feel at ease once it is all over. Knowing that your family will not be left with the burden of sorting through your property and legally distributing it is a good thing. However, if your want to keep your loved ones out of probate court when you pass away, a will may not be the only thing you need to do. Here are a few questions about avoiding probate that every aging adult should know the answers to.

Why would a living relative have to seek a probate attorney?

If there is any question at all about who the property should go to after you pass away, a probate case will have to be sought so that a judge can make a decision. If a relative contests your will on the basis that it was created too long before your death or if life changes happened that were not taken into consideration, there can be questions about the validity of the arrangements you made. For example, if you initially left your home to your spouse, but your spouse passes away before you without a will amendment, your living relative would have to have a probate lawyer, like Flaccus Law, sort through that scenario.

How often should you update your will?

It is a good idea to update your will annually if you can. However, it is especially important to take another look at your original plans if something changes in your life. This could be things as big as a divorce or death of a spouse, but also small things, like a new investment or change in employment. Even the slightest discrepancy could lead your loved ones to probate court in the event you pass away without making changes.

Is it a good idea to use joint ownership to avoid probate court?

It actually is a good idea to add another party's name to specific property deeds to make sure there is no question of ownership after you pass away. This could include your home, vehicles, or other registered and owned property.

The last thing you want when you leave this life is to leave your family with burden. With the best attorney, probate can still be a trying process. If you have questions about helping your loved ones avoid probate, talk to a probate attorney for more information.