Common Misconceptions About Probate and Estate Planning
It is not uncommon for a potential estate planning client to make a comment that they need to have a will done in order to avoid probate. Wills do not avoid probate. Even so, probate is not generally “a bad thing.” Probate is simply to settle the decedent’s debts and the lawful transfer of the decedent’s assets in accordance with the decedent’s wishes pursuant to a will or according to the intestate statute if the decedent does not have a will. With certain family dynamics or in cases where there are minor children, probate is oftentimes a good thing because...
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