Probate Litigation -- How to Avoid It
April 18, 2012 By Pyke & Associates, P.C.
Most people go to great lengths to avoid litigation of any sort; however, they often forget about the possibility of probate litigation, relying on the thought that they will not be around to worry about it. First, probate litigation often results from more than one person seeking control over the assets of, or right to make medical decisions for, someone who is living, but incapacitated, meaning you may very well still be around.
Second, although you may not still be around to endure litigation over your estate assets after your death, your loved ones may suffer as a result. Probate litigation can take months, even years, to reach a conclusion, leaving your estate assets inaccessible to the intended beneficiaries in the meantime. In addition, probate litigation can significantly diminish the value of your estate due to the legal expenses associated with litigating the estate. By being proactive now, you may be able to spare yourself, or your loved ones, from being involved in probate litigation down the road.
Estate Planning: This is where it all starts. Take the time to create a comprehensive estate plan including all supporting documents such as a trust, power of attorney or advance directive for health care. If there is no legal record of what your wishes are, then probate litigation is bound to follow.
Update Regularly: Once you have created an estate plan, make sure you also take the time to review and update it at regular intervals, as well as when a life change calls for a review. An added bonus of regular updates is that you will always have recently reviewed and signed estate documents, leaving little room for an argument that you changed your mind at some point since you originally signed the documents.
Specificity: This cannot be stressed enough. Always use complete names, addresses, and descriptions. For example, when a child is born, include the name instead of relying on a generic term such as “issue.” For real property, include the full legal description and; for financial accounts list the complete accounts numbers and the full name of the financial institution where the account is held.
Plan for Your Incapacity: You may not wish to think about the possibility, but you could become incapacitated at any age. Plan accordingly by creating a power of attorney or advance directive along with any other documents suggested by your Atlanta estate planning attorney to ensure that decisions will be made by the person you wish to make them, and control of your estate will be in the hands of the person you wish to have control.
ABOUT THE AUTHOR: Charles Pyke
Experienced estate planning attorneys Atlanta GA of the Pyke & Associates P.C. offers estate planning and business planning resources to residents of Atlanta GA.
Copyright Pyke & Associates, P.C.
More information about Pyke & Associates, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Estate Planning: This is where it all starts. Take the time to create a comprehensive estate plan including all supporting documents such as a trust, power of attorney or advance directive for health care. If there is no legal record of what your wishes are, then probate litigation is bound to follow.
Update Regularly: Once you have created an estate plan, make sure you also take the time to review and update it at regular intervals, as well as when a life change calls for a review. An added bonus of regular updates is that you will always have recently reviewed and signed estate documents, leaving little room for an argument that you changed your mind at some point since you originally signed the documents.
Specificity: This cannot be stressed enough. Always use complete names, addresses, and descriptions. For example, when a child is born, include the name instead of relying on a generic term such as “issue.” For real property, include the full legal description and; for financial accounts list the complete accounts numbers and the full name of the financial institution where the account is held.
Plan for Your Incapacity: You may not wish to think about the possibility, but you could become incapacitated at any age. Plan accordingly by creating a power of attorney or advance directive along with any other documents suggested by your Atlanta estate planning attorney to ensure that decisions will be made by the person you wish to make them, and control of your estate will be in the hands of the person you wish to have control.
ABOUT THE AUTHOR: Charles Pyke
Experienced estate planning attorneys Atlanta GA of the Pyke & Associates P.C. offers estate planning and business planning resources to residents of Atlanta GA.
Copyright Pyke & Associates, P.C.
More information about Pyke & Associates, P.C.
View all articles published by Pyke & Associates, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
