How Can Someone Avoid Probate?
In the interest of efficiency, it is best to avoid court proceedings in the administration of an estate. This can be done through the creation of a properly set up trust. The trust will need to be administered, but it will be done so privately and efficiently. Creating a trust will be more expensive on the front end to set up than a will-based plan, but it will ensure the avoidance of high costs associated with probate after death.
Why Would Someone End Up In Probate Litigation?
There are infinite reasons people argue and sue each other. Common reasons include disagreements regarding who should be in charge of an estate, questions of validity, and disputes about capacity (often when there is no clear medical evidence that the person knew what they were signing). In addition, allegations of undue influence can lead to probate litigation. Undue influence can be seen in cases involving people who are not incapacitated, but simply vulnerable and easily influenced by someone they thought they could trust.
Other disputes arise when the personal representative of the estate fails to follow the terms of the will, fails to communicate properly, or fails to conduct the proper accountings. This is why it is very important to give careful consideration to who is given the authority to act as personal representative of an estate.
I’ve handled many cases wherein a child was accused of having taken advantage of their parent before they died. In some situations—especially those in which the decedent was like the glue maintaining the relationship between family members—the death itself increases people’s willingness to fight with the other beneficiaries in order to gain as much as they can from the estate.
For more information on Avoiding Probate Process In Colorado, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (720) 805-3444 today.
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