Jeffrey P. Scott & Associates
866-442-3092|651-968-1457

Creating a will doesn't necessarily prevent the probate process

Losing a family member is a stressful experience, no matter the circumstances. Between sorting through emotions and financial affairs, there is a lot to be concerned about. In order to prevent loved ones’ headaches, a person might create a will to spell out who they want to receive certain assets or property. However, wills alone may not be enough.

In Minnesota, estates must go through probate court after a person passes away. However, there are some ways to speed up this process and take care of many complicated steps before a person passes.

Certainly, it can be helpful to work with an attorney to create a will and enumerate beneficiaries in a specific, up-to-date legal document. Yet there are some other estate planning tools that can help make probate less stressful. For example, a person can establish a living trust in order to protect certain assets from probate. Trust law is quite complex, but taking the time to establish a trust can ensure that assets are administered according to a specific plan and may not be delayed by probate.

Another important point to remember is that some states have a simplified probate process for certain estates. Unfortunately, the availability of this process varies depending on the size and complexity of a person's estate.

The most important point to keep in mind is that effective estate planning can prevent stress and disputes among loved ones. On the other hand, a person shouldn't make assumptions about how an estate will be administered. Simply put, this is a situation where surprises probably aren't welcome.

Source: Forbes, "Estate Planning For The Rest Of Us," Liz Davidson, Sept. 12, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us To Talk To An Experienced Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Jeffrey P. Scott & Associates

Jeffrey P. Scott & Associates LLC
2356 University Avenue West, Suite 400 | St. Paul, MN 55114
Phone: 651-968-1457 Toll free: 866-442-3092
Fax: 651-647-9544
Map and Directions