Statistics indicate that a majority of adults are going through life without having executed all of the appropriate estate planning documents. Procrastination is at the root of this in many cases because most people understand that they should have a last will or a living trust in place.
Given the fact that so many people drag their feet before taking action, when and if they do they often fail to think practically and comprehensively.
The do-it-yourself estate planning downloads that you can find on the Internet can encourage this tendency toward seeking a quick fix. But as Consumer Reports has recently pointed out unintended consequences can result when things are not done with the benefit of professional guidance.
With that in mind it is advisable to have your last will constructed by an experienced probate lawyer. When you do you can be certain that the document is worded precisely in preparation for passage through probate.
You will name an executor when you draw up your estate planning documents. Unless this individual has experience with the probate court for some reason he or she will want to bring in a probate lawyer to make sure things are done properly.
The best way to create a turn-key environment for your executor would be to discuss the matter with the attorney who is drawing up your last will. He or she could eventually act as the probate attorney after you pass away.
You simply let your executor know who your attorney is and your lawyer will initiate the probate process so that your heirs receive their inheritances in a timely manner.
Author, President and Founding Attorney
Parman & Easterday
Parman & Easterday are members of the American Academy of Estate Planning Attorneys.