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2017/08/18

A Family Probate Is Not A Good Option

By Maria Hughes


The process of handling the asset left behind by a deceased relative is usually very complex and painful especially if the deceased had not written a will or had an estate plan in place before they die. This can be even more painful for those who solely depended on the person. The article below explains why people should avoid the Family Probate process and use wills or estate plans instead.

The first main point is the expensive nature of the service. The process needs to involve lawyers and judges who will listen to the case and divide the assets accordingly only after paying the debts that the deceased had. Furthermore, the experts are first paid before the process even begins thus making it a very expensive process.

The process will also stall a lot. This is mainly due to the research taken by the experts to check on all the debts and taxes the deceased may have had while alive so as to have them repaid before assigning the assets to the relatives. The long ques of cases also delay its progress. As its progress delays, relatives who fully depended on the deceased may be suffering as they wait.

The use of probates also involves a high level of publicity. This means that if the deceased had any dirty linen in terms of debts, associations and any dirty dealings, then they will be aired out in public during the courts as the assets are being divided. This further affects the emotional state of the relatives to the deceased as it affects his reputation even in death.

The publicity may also be toward the relatives themselves. This is often the case when some of the relatives do not agree on the manner in which the case is being handled often being the way the assets were assigned. The progress and protests by the relatives are usually documented online and can be accessed by anyone thus exposing them to the public for ridicule.

In some cases, the longtime taken to complete the process as well as the added finances it incurs has resulted in some relatives receiving very little amount of money or assets or even nothing from the deceased. The assets thus end up in the pockets of people who barely knew the deceased as the families that the deceased struggles to provide for languish in poverty.

For those who finally receive the assets and in adequate amounts, they are still faced with another challenge which most are not prepared to handle. They often do not have the necessary information to ensure that they keep the assets and manage them to grow profits. People with thus try to take the assets from them. The court does not protect them from this but an estate plan will.

The above are the main reasons as to why people should not consider leaving the role of distributing their wealth into probates. They need to come up with a will and hire a qualified estate planner to help them come up with tactics on how best to ensure that his or her property is secured for the kin and give them a comfortable life in case they die.




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