Estate Planning Attorney: Save Your Family From Probate

Meason & Morris Law discusses Estate Planning Attorney: Save Your Family From Probate

When a loved one passes away, the last thing your family wants is to be stuck in a long and confusing legal process called probate. It can be a heavy burden at an already difficult time, turning a time of mourning into a time of stress and frustration.

Probate is the court process for reviewing a deceased person's assets and distributing them. While it aims to be fair, it can be slow, expensive, and very public. But what if you could save your family from all that? With the help of an estate planning attorney, you can create a plan that avoids probate, saving your family time, money, and a lot of heartache.

This blog post will explain what probate is, why you should avoid it, and how an estate planning attorney can help you create a plan that keeps your family out of court and gives you peace of mind.

What is Probate? A Simple Guide

Imagine you wrote a note saying your best friend gets your favorite toy when you are gone. That note is like a will. Probate is like a grown-up (the court) who has to read the note and make sure your friend gets the toy. It’s the legal process of validating a will and distributing assets.

If there is no will, the court decides who gets what based on state law. While the court tries to be fair, the process can be complicated, time-consuming, and costly. While the court is figuring everything out, your family has to wait, which can be very stressful.

Think of it like baking a cake for your family, but a judge has to inspect it before anyone can eat. The judge is busy, so it might take a long time. While everyone waits, the cake gets stale. That's what probate can feel like for your family.

An estate planning attorney is like a master baker who helps you prepare the cake in a way that the judge doesn't need to inspect it. They help you put the cake in special boxes with each person's name on it. That way, your family can enjoy the cake right away, without waiting for the judge. This is what it means to avoid probate.

The probate court reviews your will (if you have one), validates it, pays off any debts you owed, and then distributes what's left to your heirs. If you don't have a will, the court follows state law to decide who gets what. This might not match what you would have wanted. Either way, the process involves lawyers, court dates, paperwork, and fees. Your family has to navigate all of this while they are grieving your loss.

Why You Want to Avoid Probate

Probate can cause many problems for your family. Here are the biggest reasons to avoid it.

It Takes a Long Time

Think about the slowest you've ever had to wait for something. Maybe it was waiting for your birthday or a special holiday. Now imagine waiting much, much longer. That's what probate can be like. The probate process can take months or even years to finish.

During this time, your family has to wait to receive the money or property you wanted them to have. This can be very hard for them. They might need the money to pay bills. They might want to live in the house you left them. But they can't do anything until the court says it's okay.

It's like being stuck in a very long line at the grocery store. You can see the checkout, but you can't get there. You just have to wait your turn. And the line for probate court can be very, very long.

It Can Be Expensive

Probate is not free. There are many costs involved. There are court fees just to file the paperwork. There are fees for the person who is in charge of the estate, called the executor. And if your family needs to hire a lawyer to help them navigate the process, there are lawyer fees too.

All of these costs are paid for by your estate. That means the money you wanted to leave to your family is used to pay for probate instead. The more probate costs, the less money your family gets. It's like having a hole in your pocket.

You have a pocketful of candy to share with your friends. But as you walk, the candy falls out of the hole. By the time you get to your friends, there's not much candy left. Probate can be like that hole in your pocket. It can take away a lot of the money you wanted to give to your family.

It’s a Public Process

When your estate goes through probate, everything becomes a public record. That means anyone can go to the courthouse and see what you owned. They can see who you left your money to. They can see how much money you had.

Most people don't want everyone to know their family business. They want their privacy. But with probate, there is no privacy. Your family's financial matters are open for everyone to see. It's like having your diary read out loud in front of the whole school. You wouldn't want that, would you? You want to keep your personal thoughts and feelings private. Your estate is like your financial diary. You probably want to keep it private too.

It Can Cause Stress and Conflict

Losing a loved one is already a very sad and stressful time. The last thing your family needs is to deal with a complicated legal process. But that's what probate is. It's a lot of paperwork. It's a lot of rules. It's a lot of waiting.

This can be very overwhelming for a grieving family. They might not know what to do. They might be afraid of making a mistake. This can lead to a lot of stress and anxiety. It can even cause arguments between family members.

It's like trying to build a complicated Lego set without the instructions. You have all the pieces, but you don't know how they fit together. It can be very frustrating. And it can take a lot of the fun out of building. Probate can be just as frustrating for your family. It can take away the peace and comfort they need during a difficult time.

By avoiding probate, you can protect your family from these problems. You can make sure they get what you want them to have, quickly and easily. And you can give them the gift of peace of mind during a time when they need it most.

How an Estate Planning Attorney Can Help

Now you know why you want to avoid probate. But how do you do it? This is where an estate planning attorney comes in. An estate planning attorney is a lawyer who is an expert in helping people plan for the future. They know all the rules and tools to help you protect your family and your assets.

Think of an estate planning attorney as a guide on a long hike. You could try to hike the trail on your own. But you might get lost. You might not have the right gear. And you might run into trouble. But a guide knows the trail like the back of their hand. They can help you choose the right path. They can make sure you have everything you need. And they can help you get to your destination safely.

An estate planning attorney is your guide for the journey of planning your estate. They can help you choose the right tools to avoid probate. Here are some of the most common tools they use.

The Magic of a Living Trust

One of the best tools to avoid probate is a living trust. A living trust is like a magic box. While you are alive, you can put your things into the box. You can also take things out of the box. You are in complete control of the box.

When you create a living trust, you put your assets into it. Your assets are your things, like your house, your car, and your money in the bank. The trust then owns these things, but you still get to use them and control them. You are the "trustee," which means you are in charge of the trust.

You also name someone to be the trustee after you are gone. This person is called the "successor trustee." This is usually a person you trust, like a family member or a close friend. When you pass away, the successor trustee takes over. They don't have to go to court. They just have to follow the instructions you left in the trust.

Your instructions can say who gets what. For example, you can say that your daughter gets the house and your son gets the car. The successor trustee's job is to make sure this happens. It's all done privately and without the court's permission.

This is why a living trust is so powerful. It lets you keep control of your assets while you are alive. And it lets you pass them on to your family after you are gone, without going through probate. It's a simple and effective way to save your family time, money, and stress.

The Power of Beneficiary Designations

Another way to avoid probate is by using beneficiary designations. A beneficiary is a person you name to get an asset after you die. You can name beneficiaries for many types of accounts, like bank accounts, retirement accounts (such as a 401(k) or an IRA), and life insurance policies.

When you name a beneficiary for an account, the money in that account goes directly to that person when you pass away. It doesn't have to go through probate. It's a simple and direct way to transfer your assets.

Think of it like this: you have a special key to a treasure chest. You give a copy of the key to your friend. You tell your friend that if anything happens to you, they can use the key to open the chest. When you're gone, your friend doesn't have to ask anyone for permission. They can just use the key and get the treasure. That's how beneficiary designations work. They give your loved ones a direct key to your assets.

An estate planning attorney can help you make sure you have named beneficiaries for all of your accounts. They can also help you choose the right beneficiaries. And they can help you keep your beneficiary designations up to date. This is very important. If you don't update your beneficiaries after a major life event, like a divorce or a death, your assets could go to the wrong person.

The Simplicity of Joint Ownership

A third way to avoid probate is through joint ownership. This is when you own something with another person. For example, you might own a house with your spouse. Or you might own a bank account with your child.

When you own something jointly with someone else "with rights of survivorship," the asset automatically goes to the other owner when you die. It doesn't have to go through probate. It's a simple and automatic transfer.

Imagine you and your friend have a toy box that you share. You both agree that if anything happens to one of you, the other person gets to keep the whole toy box. You don't have to ask anyone for permission. It just happens automatically. That's how joint ownership works.

An estate planning attorney can help you understand the pros and cons of joint ownership. It can be a good way to avoid probate for some assets. But it can also have some risks. For example, if you own a bank account with someone, they have access to the money in that account. An attorney can help you decide if joint ownership is the right choice for you.

By using these tools, an estate planning attorney can help you create a plan that is tailored to your specific needs and goals. They can help you protect your family and your legacy. And they can give you the peace of mind that comes with knowing your affairs are in order.

Working with an Estate Planning Attorney

Deciding to work with an estate planning attorney is a big step. It's a step towards protecting your family and your future. But you might be wondering what the process is like. What should you expect when you meet with an attorney?

Your first meeting with an estate planning attorney is all about getting to know you. The attorney will want to learn about your family. They will want to know about your assets. And they will want to understand your goals. Think of this first meeting as a friendly chat. The attorney is not there to judge you. They are there to help you.

This is also your chance to get to know the attorney. You can ask them questions too. You can ask about their experience. You can ask about their fees. And you can ask them to explain anything you don't understand. It's important that you feel comfortable with the attorney you choose. You should feel like you can trust them and talk to them openly.

After the first meeting, the attorney will start to create your estate plan. They will use the information you gave them to design a plan that is right for you. They will choose the right tools, like a living trust or beneficiary designations, to meet your goals. At the second meeting, the attorney will present the plan to you. They will explain how it works. They will show you how it will help you avoid probate. And they will answer any questions you have.

This is your chance to review the plan and make sure it's what you want. If there's anything you don't like, you can ask the attorney to change it. The plan is not set in stone. It's a team effort. You and your attorney will work together to create a plan that you are happy with.

Once you are happy with the plan, it's time to make it official. You will sign your estate planning documents. These are the legal papers that put your plan into action. The attorney will guide you through the signing process. They will make sure everything is signed and witnessed correctly. This is crucial to making sure your plan is legally valid.

Your estate plan is not something you do once and then forget about. It's something that needs to be reviewed and updated over time. Life changes. You might get married or divorced. You might have children. You might buy or sell a house. When these things happen, you should review your estate plan with your attorney. They can help you make any necessary changes to make sure your plan still meets your needs.

The Unseen Cost of Probate: The Emotional Toll

We've talked about the time and money that probate can cost. But there's another cost that is just as important. It's the emotional cost. This is the stress, sadness, and conflict that probate can cause for your family. It's a hidden cost, but it can be the most painful of all.

When a loved one dies, it's a time of deep sadness. Your family needs time to grieve. They need time to support each other. They need time to remember the person they lost. But if your estate goes to probate, your family has to deal with a legal process instead. They have to find a lawyer. They have to go to court. They have to fill out paperwork. They have to make financial decisions. They have to do all of this while they are still grieving. This can be incredibly stressful.

This added stress can make the grieving process even harder. It can take away the time and energy your family needs to heal. It can turn a time of remembrance into a time of anxiety and worry.

Money can be a sensitive topic for any family. And when you mix money with grief, it can be a recipe for conflict. Probate can make this even worse. Because probate is a public process, everyone in the family can see who is getting what.

This can lead to jealousy and resentment. Family members might disagree about how things are being handled. They might argue about who should get what. Old family tensions can come to the surface. This can lead to fights that can damage family relationships forever.

It's like a group of kids who have to share a bag of candy. If there are no rules, they might start fighting over who gets the most. But if a grown-up divides the candy fairly, everyone is happy. An estate plan is like the grown-up. It sets the rules and makes sure everyone is treated fairly. This can prevent a lot of fights and hurt feelings.

By creating an estate plan that avoids probate, you can lift this burden from your family's shoulders. You can give them the gift of certainty. You can give them the gift of peace. And you can give them the gift of being able to grieve without the added stress of a court battle.

Finding the Right Estate Planning Attorney

Choosing an estate planning attorney is a very personal decision. This is a person you will be trusting with your family's future. You want to find someone who is not only knowledgeable and experienced, but also someone you feel comfortable with.

One of the best ways to find a good attorney is to ask for recommendations from people you trust. You can ask your friends, family members, or co-workers if they have worked with an estate planning attorney. They can tell you about their experience and whether they would recommend the attorney. You can also ask other professionals for recommendations. For example, your financial advisor or your accountant may know of a good estate planning attorney.

Once you have a few names, you can do some research online. You can look at the attorney's website to learn more about their practice. You can also look for reviews from other clients. This can give you a good idea of what it's like to work with the attorney. When you are looking at an attorney's website, look for a few key things.

Do they focus on estate planning? You want to work with an attorney who specializes in this area of law. Do they have helpful information on their website, like a blog or articles? This can show that they are knowledgeable and want to educate their clients.

Most estate planning attorneys offer a free consultation. This is a meeting where you can get to know the attorney and ask them questions. It's a great way to see if the attorney is a good fit for you. During the consultation, pay attention to how the attorney makes you feel. Do they listen to you? Do they explain things in a way you can understand? Do they seem to care about you and your family?

At the end of the day, you should trust your gut. You should choose an attorney who you feel good about. You should feel like you can be open and honest with them. You should feel like they have your best interests at heart. Finding the right estate planning attorney is a big decision, but it doesn't have to be a hard one. By doing your research and trusting your instincts, you can find an attorney who will help you protect your family and your legacy for years to come.

Your Family’s Future is in Your Hands

We've covered a lot of ground in this blog post. We've talked about what probate is and why you want to avoid it. We've explored the tools that an estate planning attorney can use to protect your family, like living trusts, beneficiary designations, and joint ownership. We've also discussed the emotional toll that probate can take on your loved ones.

The bottom line is this: you have the power to protect your family from the stress, cost, and heartache of probate. You have the power to make sure your wishes are followed. You have the power to give your family the gift of peace of mind.

Taking the step to create an estate plan is an act of love. It's a way of saying to your family, "I love you, and I want to make things as easy as possible for you when I'm gone." It's a way of making sure your legacy is one of love and support, not one of legal battles and stress.

Don't wait until it's too late. Don't leave your family's future to chance. Take control of your legacy. Talk to an estate planning attorney today. They can help you create a plan that will protect your family and give you the peace of mind you deserve.

At Meason & Morris Law, we understand that estate planning is about more than just documents. It's about families. It's about relationships. It's about love. We are here to help you create a plan that reflects your values and protects the people you care about most. Contact us today to schedule a consultation and learn how we can help you save your family from the stress of probate.

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Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.

Meason & Morris Law

515 Delaware Ave

Bartlesville, OK 74003

918-336-6300