Probate court proceedings can be a burdensome, time consuming and expensive process. Yet of the biggest misconceptions in estate planning is that a Will can avoid probate! First, probate in the form of guardianship and conservatorship proceedings can happen to you while you are still alive, if you have not done proper planning for incapacity. Second, at the time of your death a Will is just a part of the probate process. If you die with a property interest in your name alone, without a beneficiary designation on that interest, then that interest will become involved in a probate proceeding. If you have a Will then you have provided the Court with written set of directions regarding your estate, but a Will does not avoid or prevent the probate process. If you have minor children, a Will becomes an important legal document for the nomination of legal guardians for those children in the event of your death. Finally, in many circumstances establishing joint ownership on assets with someone other than your spouse, for the purpose of avoiding probate, can result in more taxes, costs, problems and pitfalls that the probate process itself.
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Note:We DO NOT provide free reviews to persons seeking a review of unexecuted documents downloaded from the internet! We DO NOT offer free legal advice. We DO NOT respond to calls or e.mails to our office from those seeking free legal advice. We DO offer a free initial consultation to those persons that are serious about establishing a proper estate plan or updating an existing estate plan.