Families and conflict seem to go hand-in-hand and most families have that member or topic that always erupts into a full-scale argument. Everyone wants their opinions heard and taken seriously, while no one wants to admit that they are wrong. If you love your family but you are not loving the way they seem to enjoy constantly bickering, then you need to talk to an estate planner right away.
When you pass away, the New York State probate court is going to want to see if you have left behind any instructions on how your assets are to be handled. Those instructions are part of estate planning, and if you have not left anything behind then the courts will do their best to distribute your assets as fairly as possible.
An estate planner takes all of your assets and your final distribution instructions and put them into a format that the courts recognize. When your estate hits probate, your estate planning will kick in and tell the probate court exactly how to distribute your assets. As long as your will is considered legitimate, then the probate court will follow your instructions.
One of the more important acts of your estate planning is to have the probate court approve the executor of your estate that you have chosen. The executor is the person who works directly with the courts, helps distribute assets, and resolves any disputes. It is important that you choose an executor who wants the job, has a steel resolve, and will be able to handle your family's constant bickering.
Your will, which is a key component of your estate, outlines exactly how you want your assets distributed after you have passed on. Keep in mind that you might not have any assets to distribute to your beneficiaries if your entire estate had to be liquidated to pay off your final expenses.
Your executor will make sure that the funds get distributed as per the instructions from the probate court, and the court gets its instructions from your will. If you have no will, then your bickering family could keep your estate tied up in probate for a very long time.
In any legal situation, it is always best to plan ahead, if possible. When it comes to estate planning, you have your entire life to decide that you want to see an estate planner and get your life in order. But since you have no idea what tomorrow brings, a long wait could mean that you never get your estate set up before you pass away.
A qualified estate planner can help you to put together your estate, fill out the proper forms that dictate where your assets are to go, and put all of your final instructions in writing. Once your final instructions are in writing, the probate court and your executor will be able to act without interference from your bickering family.
If you have not made an appointment to see a qualified and experienced estate planner, then now is the time. With one simple appointment, you can give yourself peace of mind and take away any chances that your assets will get mishandled after you have passed on.
