Estate Planning, Probate, and Staying Out of Court
Everyone has an Estate Plan. Without a proper Estate Plan, however, your assets will pass in accordance with state law and you may be subject to probate court or other costly court proceedings. A comprehensive estate plan will include your last will and testament (and potentially a trust), a durable or financial power of attorney, a health care power of attorney, and your living will. Estate planning attorneys recommend a comprehensive plan because your assets are not the only consideration, and each document works together to protect your interests. Probate courts hear cases from Probate for distribution of assets to Guardianships and Conservatorships for Minors receiving them or for adults with incapacity issues. Your comprehensive Estate Plan will help you to avoid the probate court in all of its forms, so you can move forward knowing your family won’t be burdened by expensive and complicated court proceedings.