Probate is still a somewhat mysterious and confusing event that most people are not intimately familiar with. This creates lots of confusion and misunderstandings about how it works. Fortunately, our highly skilled probate attorneys can provide a greater understanding of what’s at stake, and how they can help.
Let’s cover a few of the common misconceptions or myths relating to probate and probate-related issues in Royal Oak.
One common myth we find is that people often think that if they’re named in the will then they can avoid probate. That’s not the case – probate will occur in most cases.
Another myth is that if somebody dies without a will, then all assets go to the state. That concept is just flat-out untrue. If you die without a will, Michigan’s intestacy statute dictates in what order the family will inherit. If there are no family members or heirs at law, then it could be sent to the state, but this is rare. Usually, through the laws of intestacy, the estate is administered to those who are entitled to it.
It is also generally not the case that the financial cost of probate will be so large that it eats up most of the financial assets that come with the estate. That’s generally not the case, either. If you have a lawyer helping you through the process, it should be done in a relatively cost-efficient manner.
Another myth is that the oldest child has a right to be the executor or receive more assets. We hear this often in people who come from certain countries in which patrilineal descent is a big part of the culture. It’s just not true here. Gender and age is irrelevant as it relates to who gets appointed as executor.
So, what happens when it feels like the whole world is exploding and the family is simply at war with each other?
Probate disputes are resolved in the probate court, and the probate judges are well equipped to address and resolve probate disputes among family members. It’s really important to have a probate lawyer help you through this process because the goal is to lower the level of intensity and warfare, and bring the temperature down so that you can effectively and efficiently resolve the disputes in a cost-effective manner.
The Probate Pro can help you bring the heat down, provide transparency, clarity, and good communication among the parties, and then litigate the issues you can’t resolve at the probate court. We know that good communication is an important consideration to reduce the risk of exploding into an all-out probate fight and for more peaceful communication within the family.
Transparency means that when an executor or personal representative is taking an action, they let everybody know they’re communicating openly and honestly among the family members or heirs at law. When you play above the board instead of being underhanded, it allows for an effective, clean, peaceful administration of a probate estate.
Even with all this advice, we know that some disputes are simply unavoidable and must be resolved with a competent lawyer at your side.
You risk dragging probate out, paying more, and inviting disputes if you try to handle a large estate without legal help. A Probate Pro attorney in Royal Oak can clear up some of the myths that exist and represent you in this process. Please call us now and learn why so many people come to us for legal services following the death of a loved one.