Center for Elder Law & Estate Planning
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Avoiding probate possible, but not definite, with estate plan

The loss of a loved one who is near and dear to your heart will have lasting effects on your life. However, we all pass on at some point, so it's best to plan for that passing to make it smoother on loved ones and others that will be impacted by the death. When a person looks at their life, they may have amassed many assets or responsibilities along the way. An estate plan can help to distribute those assets in a way that one sees fit.

For many, their wish is to leave their assets to family members and other important people in their life. The last thing anyone wants is for loved ones to be fighting over the person's estate or claiming that the instructions left for the executor are not valid or are in some way lacking. If these claims were to arise, a person's estate may have to pass through probate. Probate is a process undesired by many in which the state wants to monitor the process for possible fraud. To do so, there are a series of rules and regulations that must be followed to ensure that all property passes to heirs as intended.

At the Center for Elder Law & Estate Planning, we know how important this process is to many and how setting up a legitimate will and estate plan can make the process smoother for everyone. The goal is to avoid probate and to avoid any disagreements that may come about with a well-constructed will and/or estate plan. This can help loved ones to avoid probate after one passes away.

There are no guarantees that even with a well-constructed estate plan or will that it will avoid probate entirely. Any heir or loved one could contest the documents, and it is within their right to do so. However, discussions about this prior to one's passing, along with an iron-clad will, can help to sequester any rumblings of probate.

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