Elder Law Report

Navigating the Stormy Seas of Probate and Estate Administration

August 23, 2023 Greg McIntyre, J.D., M.B.A.
Elder Law Report
Navigating the Stormy Seas of Probate and Estate Administration
Show Notes Transcript

Navigating the treacherous waters of Probate and Estate Administration can feel like a solo voyage in a storm. The intricate process can lead you off course, with potential pitfalls including court complications or even jail time if mishandled. Let us be your compass, guiding you safely through the intricacies of this legal labyrinth. We delve into the subtleties of what should and should not pass through probate, and expose the potential dangers of exposing assets to claims or seizures.

We don't stop at the shore; we also venture into the complex terrain of dealing with claims. Uncover the secrets of recognizing a valid claim, and learn when it's appropriate to reject one. We also chart the statutory periods for making a claim and share strategies for negotiating claims to preserve the assets for the heirs. For those needing a more personalized map, we offer a free consultation to discuss your journey through Probate or Estate Administration. Tune in and let us navigate you through this potentially perilous journey.

Speaker 1:

Probate and Estate Administration is a process by which a will passes title to your assets to your heirs, in the will and without a will, under the state's will, which are the statutes of intestate secession. It can be extremely complicated and dangerous or perilous to do that, britt. What are some of the dangers of trying to navigate Probate or Estate Administration?

Speaker 2:

yourself. Most of all, the process can take anywhere from six months to a couple years. If you try to go about it yourself, you could fail to give the court what it needs and what it requests. Now the court can't give you any legal advice. The clerks who work hard on these cases can't give you any legal advice, but you can be in trouble, right and even put in jail if you do it incorrectly. So it could be a dangerous process if you make a small mistake and no one is there to guide you through it.

Speaker 1:

And there are so many questions surrounding Probate. What should pass through Probate, what should not? Are we going to unnecessarily expose assets to a claim or to being taken within a Probate Estate?

Speaker 2:

And there are strategic steps to take to avoid that that's right and I'm glad you mentioned claims, because that's one of the biggest dangers is claims come in. Can you deny a claim? Is that a valid claim? Do they make it outside the statutory period of when a claim can be made and how do you navigate that? How do you negotiate those claims to get the best result and to preserve the assets for the heirs?

Speaker 1:

We would offer a free consult today to you and your family to talk about the Probate or a state administration process. Feel your free consultation today so we can plan for peace of mind tomorrow.