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Probate is a court that deals with familial and life and death matters of the individual rather than individuals against one another. This is a more family focused process that everybody is going to go through. They deal with marriages, divorces, the probate of a will, disposition of assets, determining the length and the viability of creditors to collect on those assets, and all of those sorts of things. The probate court would deal with the intestate laws if you don’t have a will or a trust or look at the will and use that as the dispositional vehicle. There is also living probate and that is one you don’t want to go through. That’s the guardianship and conservatorship type probate where you could live for decades and be under conservatorship. You could also be under guardianship and the expenses involved in that can be phenomenal because of the legal fees.
If you didn’t name any one in a trust, didn’t have anyone out there in a family, and you have a big estate then the judge says, “You have plenty of money and I’m going to appoint an attorney to manage your estate.” Then, very shortly, legal fees are will cause your estate to dwindle. That is not an optimal situation by any means. First of all, you’ve got strangers doing it. You’re spending a lot of money that you didn’t plan to spend and not getting exactly what you need. I don’t like probate, but it serves its purpose. For example, we had a client who lived out of state but his sister was in Massachusetts and she’s passed away. We were helping him with the estate but she lived in a three-family home that she owned. She had a neighbor downstairs who had whittled his way into her trust.
He had gotten it so that he was supposed to get that part of the house and he was clearly taking advantage of that woman. But she adored this guy and he was not reputable. The client was afraid that the neighbor would bring action. In that case we suggested that we go through the court because we wanted to protect our client from the neighbor. The neighbor had been able to change the trust over. She had given him the power of attorney to make the changes. We got the neighbor out of the trust and did this under the protection of the court. It does have a role to play at times, but for the average person, you don’t want to go there if you don’t have to.

For More Information About Probate, Please Visit:
en.wikipedia.org/wiki/Probate

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