Tuesday, August 5, 2008

Avoiding Real Estate Probate Court

You might be surprised to learn that more people fight about a house than anything else when a loved one passes away. Real estate probate is a huge issue with people. They fight for years for a probate judge to make a decision. Each side has attorneys fighting for them. Each side believes they are the ones entitled to the home, homes, or land. It can be a huge mess if the deceased did not prepare adequately by leaving an iron clad will, but even in that case there can be challenges. Is there any hope for peace?

It should be common sense for everyone, especially anyone over the age of eighteen, to have a will. It is simple. All you have to do is go to your attorney and have him or her draw one up. You can even do it yourself and keep it in a bank lock box. Always make sure to keep the beneficiaries informed of your final wishes and keep several copies on hand. The last thing you want is to cause your family to bicker and fight. You definitely do not want them to wind up in the Supreme Court of your state. The goal is to keep the peace, so specify who gets what and why.

Real estate probate can get downright nasty. It makes sense. Property can be worth millions depending on the location. Any law firm can attest to how ugly a wills probate issue, involving land or a home, can become if there are high dollar amounts attached to the settlements. You would think that this would be a time of grief, but often the first thought is, "what am I going to get out of this?"

Perhaps it is a fear that someone else is going to take what they believe is rightfully theirs. Or it may be that they do not believe the other person is entitled to anything due to a family rift. The reasons can be many and they can drive a huge wedge in the family relations. It can definitely make any holiday gathering a bitter affair that ends up in an argument.

Your family members don't want to be involved in real estate probate court, so to avoid this scenario, do your best by informing them of your wishes. At the very least, you will have an idea if there are going to be any problems after you have passed on from this life. The reality is that it really is not going to affect you very much, because you are not going to be present. However, the family you leave behind will be very much involved. Keep a will, keep it updated and keep them informed.

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