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    Home » Understanding The Probate Process: Common Problems That May Arise
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    Understanding The Probate Process: Common Problems That May Arise

    ArielBy ArielJuly 11, 2024No Comments2 Mins Read
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    A probate is a process through which a person’s estate is administered. Necessary steps during probate include accumulating and taking care of all estate assets, informing the beneficiaries and creditors, and paying off taxes and debts. With successful completion of probate, the decedent’s assets are transferred to beneficiaries in the presence of a will and heirs in the absence thereof.

    It isn’t uncommon for most people to feel relieved to complete the probate. After all, the complexities involved can be highly demanding, and countless mishaps might happen along the way. Today, we will look at the common roadblocks you might encounter while executing a probate. 

    The Executor Not Agreeing To Serve

    A person is named as the executor in the decedent’s will. One of the most common problems regarding probate is when the executor doesn’t want to serve. This might be because the intended executor doesn’t have enough time to do so. There might also be other reasons like emotional burden, lack of expertise, fear of liabilities, or conflicts of interest. When such a problem occurs, the entire process gets delayed further. However, if you plan your probate with the guidance of experts, they shall advise you to name an alternative executor at the very onset. 

    Family Conflicts

    Ongoing problems among family members can further add fuel to the fire. These can arise due to misunderstandings regarding inheritance, beneficiaries not being named problems, disagreements over whether or not to sell family assets, or confusion regarding wording in the Trust or Will. Such conflicts can cause further delays in the process, increasing costs quickly. 

    Conclusion

    While each probate case is different, the problems discussed above are some common factors that might crop up anywhere. Such issues get aggravated when you try to draft your estate planning documents by yourself or navigate the complicated waters of probate without the help of an expert Las Vegas Elder Law Attorney. 

    As a result, you might have to face expensive litigation that might continue for years, draining you of your time and resources. There is also a possibility that you don’t get to care for your loved ones the way you had initially intended. Taking the help of professional lawyers will ensure that all your wishes are followed as you properly handle all the intricacies of creating, administering & settling the trusts and estates. 

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