Proactive About Probate: How to Keep Probate from Bringing You Down
Probate is a sticky situation. It’s a long, expensive process that becomes fully public, allowing anyone, including creditors and other predators, all the information they need to harass you and your family.
It’s a fully preventable hassle, and all you need is a proper plan to make sure you avoid it.
How to Avoid Probate in the First Place
Out of all options, the best course of action concerning probate is to avoid it entirely. Having a proper estate plan, ensured by an estate planning attorney, is the quickest and easiest way to keep your family from falling into the probate pit when you die.
Creating a will to properly handle your estate for when you die or are mentally incapacitated is the simplest route, as it will divide your remaining estate as you wish for it to be divided while also keeping it from falling into probate.
In this case, it would be best to consider consulting with an estate planning attorney to make sure that all of your estate is properly covered by your last will and testament.
How to Deal with Probate When the Need Arises
The biggest thing about death is that, although inevitable, it’s highly unpredictable. On some occasions, a loved one may pass unexpectedly without properly planning how their estate is to be divided, leaving it to fall under the rule of a probate court. Tennessee has not adopted the Uniform Probate Code, making things a little more difficult.
In general, because probate is a long process that can be difficult depending on certain situations, it is usually best to consult legal advice from a probate attorney. You can attempt to go it alone, but understand that, unless the estate is small and has few to no debts, the process is going to be complicated. You will need to find an executor (either taking up the role yourself, or voting on a family member), deal with the difficult process of managing, appraising, or selling the deceased’s business, and make sure to follow state laws of which creditors are given priority payment. You’ll need to do all of this while keeping other family members happy, as well, and hope that none of them get upset and try to sue the estate.
With all of these issues, it is undoubtedly safer to consult with an attorney before taking any actions. A probate attorney would have the knowledge and experience to accurately guide you through the long, difficult process of probate, and an estate planning attorney could possibly help you avoid it entirely. Call us today to speak with an attorney, and see how we can help you keep your family’s estate secure.
