4 Ways An Estate Planning Attorney Can Help You Avoid Probate Court
When it comes to estate planning, there are a few key things that you should do to make the process as smooth and easy as possible. One of those is to work with an estate planning attorney. When you pass away, your estate will need to go through a legal process known as probate court to be settled. This can be a long and complicated process, and it's often best to work with an estate planning attorney to help you avoid it.
Here are four ways an attorney can help you avoid probate court.
1. Creating a Will and A Trust
One of the best ways to avoid probate court is to have a will in place in case you pass on. A will allows you to stipulate how you want your assets to be distributed after you die, and it can be a helpful tool in avoiding family disputes. You can also create a trust, which can be used to hold assets for beneficiaries until they reach a certain age or meet other conditions. An estate planning attorney can help you determine which option is best for your situation and help you create something that can be enforced legally.
2. Designating Power of Attorney
Another way to avoid probate court is to appoint someone as your power of attorney. This person will be responsible for making financial and legal decisions on your behalf if you become incapacitated. You can specify what kind of authority they have, and they can even be granted the ability to make decisions about your estate after you die. This can help avoid a lengthy and expensive court process, as well as make sure that your wishes are carried out if you're unable to do so yourself.
3. Planning for Incapacity
If you become incapacitated, it's important to have a plan in place for how your affairs will be handled. An estate planning attorney can help you create a living will, which outlines your preferences for medical treatment. You can also designate a health care proxy, who will be responsible for making decisions about your health care if you can't.
4. Keeping Your Assets in Order
Finally, an estate planning attorney can help you keep your assets in order. This includes things like organizing your financial records, updating your will, and making sure that your insurance policies are up to date. By keeping your affairs in order, you can make the probate process much simpler and less time-consuming for your loved ones.
While no one likes to think about their death, it's important to plan for it. If you have any questions about estate planning, get in touch with an estate planning attorney for some consultation.