Tag Archives: delay

How to Prevent Unnecessary Delays in a Probate

When an estate must go through the probate process, everyone involved wants to get it done as quickly as possible. In order to ensure that the probate case goes smoothly and quickly as possible, contact our seasoned estate planning lawyers for assistance.

While no two cases are identical, below are a few general tips for avoiding unnecessary delays in a probate case:

  • Meet all deadlines. When important deadlines are missed, it can result in additional court appearances and filings. All of this takes time and the case cannot move forward until the matter is resolved. Further, failure to make deadlines often results in disgruntled beneficiaries.
  • Provide timely notice. Failing to give timely notification of the probate filing to all creditors and other interested parties prolongs the process. It also leaves the estate open longer and subject to further claims.
  • Inventory and accounting. The quicker you inventory the property and assets of the estate, the better. It is also essential that you provide the court with an accurate accounting of the money spent in administering the estate. Thus, it is important to maintain a correct accounting as the probate case proceeds so you are prepared to submit the final report and close the estate as soon as possible.
  • Communication with heirs. Regular communication with heirs keeps them from becoming concerned with what is being done, and avoids suspicion. Involving heirs in certain decisions also maintains good will, and avoids dissatisfaction.
  • Retain The Astill Law Firm. Working with one of our experienced estate planning lawyers helps ensure that you avoid any delays and obstacles in the probate case. We will guide you through the probate process step by step and protect you from making costly and time-consuming errors.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Why do we Avoid Estate Planning?

Most people believe that estate planning is important and they have every intention of doing it, yet they continue to procrastinate creating a plan. While no two individuals are the same, below are a few of the most common reasons people delay establishing their estate plan:

Fear of Death

Most people do not like to think about (or talk about) their own death. Estate planning forces you to think about how to provide for your loved ones after you are gone. You must make decisions on how to distribute your assets and who to appoint to be the guardian of your minor children. These types of decisions are uncomfortable and difficult. However, dying without providing for your loved ones is even worse. While discussing your estate plan can be awkward, you might be surprised at the peace of mind you feel once the task is done. Also, it will show your family members that you care enough to plan for their future.

Reduce Stress

If you have strained relationships with some of your family members, it can add tension to the estate planning process. You may have specific goals that you want to accomplish with your estate plan, but your relatives may be placing pressure on you to do otherwise. It is important to work with an experienced attorney who can help you create the plan you want that will achieve your goals. Additionally, you should remember that this is your estate plan. Be honest with your loved ones and listen to what they have to say, but ultimately it is your decision on how to handle your estate.

Loss of Control over Finances

Some people incorrectly believe that by creating an estate plan they will lose control over their money and/or their property. Ironically, by establishing a comprehensive estate plan, it provides you with financial security and you are better able to maintain control. Without proper planning, if someone becomes incapacitated, the probate courts take control and you lose all control. We can help you protect your assets from creditors, provide for your family’s future, and create strategies for reducing the amount of taxes your estate must pay.

If you are ready to set aside your fears and take the first step in creating an estate plan, call us. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.