WHAT ARE THE DANGERS INVOLVED OF AVOIDING PROBATE?

Any estate, large or small, can face some common challenges. In many cases avoiding probate does nothing to solve these issues. It can often aggravate your family's problems after death.

Avoiding probate does nothing to help with practical matters such as paying the funeral bill, setting up with creditors or quickly gaining access to checking or other accounts. The easiest tools for avoiding probate fail to address these issues. Even though the probate laws have an organized and well-established process, a family that avoids probate will be left to negotiate these things on its own.

Because avoiding probate often puts a burden on the family to figure things out, it can aggravate any issues within the family. Not having a clear and well defined process will amplify any sibling rivalry, family politics, lack of trust or other unique characteristics in a family relationship. Even if these things are not front and center in your family, we often find that the children prefer to avoid any situation where these issues might come up, especially in the emotional aftermath of a family loss.

You can still avoid probate, if any of these things may be an issue for your family. However, you should be careful to choose the best tools for your particular situation. These are cases where you can benefit from the experience, knowledge and insight that Fitzgerald Law offers in making good choices.

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