Many horror stories abound when it comes to probate in estate planning. Looking at the laundry list of forms related to the process – and that’s only for the State of Illinois, as probate is governed by state law – it’s easy to feel discouraged by the seemingly daunting amount of work related to realizing someone’s will. It’s also the reason why probate tends to be demonized and one of the most common queries on the topic is avoiding it.
You Can’t Avoid Probate (But It’s Not a Bad Thing)
Probate is simply a natural element of the inheritance process, when the last will and testament, as well as other documents are filed with the appropriate court, to begin the process. The horror stories universally stem from situations where estate planning was not done or incomplete, leading to legal campaigns that lasted for years before the situation was settled by the courts – sometimes a far cry from what the deceased intended and usually to the dissatisfaction of everyone involved.
You Can Avoid Problems with Probate
The biggest and most important step in reducing the likelihood of problems emerging during probate is to simply tend to your business and ensure that your estate planning is as thorough and complete as possible. An estate planning lawyer will help you ensure that what you write is unambiguous and can be easily executed by the probate lawyer.
Professional Help Is Best
It’s important to distinguish between estate planning and probate – just as it’s important to distinguish between professionals handling these two stages. One will help you prepare the estate planning documents in accordance with state law, while a probate lawyer will ensure the proper filing and handling of the process. This is not just delivering documents – it includes all related issues, such as taxation, retitling, and procuring court permissions as needed – for example, to use a sum from the estate to support the family of the deceased.
Prepared for Anything
If estate planning is insurance, then probate lawyers are those who ensure the insurance money is paid out in a timely and speedy manner. While it’s not always necessary in Illinois – in general, if the estate is not worth more than $100,000 and doesn’t contain real estate – it is simply smart thinking to ensure that a probate lawyer is on hand to ensure that everything proceeds smoothly – even if someone decides to challenge the estate documents in court and contest the heirs’ rights.
To tackle the challenges of estate planning, probate, and other crucial elements of your legal life, contact Orlowsky and Wilson. We are here to help.
