Why Is Probate So Complicated?
The probate process is notoriously complex, and as such many issues can occur that complicate matters. An issue with probate can tie up the assets of an estate in court for months or years, and deny everyone involved the proper closure following their love one’s death. These are some of the common problems that develop during the probate process and some ideas on how to avoid them.
Some problems can develop when the eligibility of the will as a legal document is called into question. For example, individuals who are not of sound mind at the time they made the will have not created a legally binding document. Also, if there is evidence that the maker of the will was coerced in any way, the contents of the will may be ruled invalid.
A will is a legal document and as such must be prepared according to legal standards. A will that does not use the proper wording or is otherwise improperly prepared may not hold up in court. When preparing a will, it's a good idea to consult with a probate attorney to ensure the document will be legally binding in the event of probate.
Even beneficiaries can contest a perfectly prepared will if it is not in accordance with the laws of that state. Many states have laws that require that children and dependents get a certain amount or percentage of the deceased person’s assets for their support and may contest the will if they do not receive what they are due under the law.
The law is too complex and there are too many situations that can arise involving wills and probate. An experienced attorney who helps both with the preparation of the will and the probate process is your first line of defense again probate nightmares like these.