Effects of Probate on the Family

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Having a loved one die can be a very overwhelming and emotional time. Dealing with probate and the courts dividing their assets can add to the pain. The death should bring family members closer, but in many cases, it tears them further apart as everyone starts to argue over who gets what asset. For help navigating probate courts, contact an Ogden Utah probate attorney for assistance and guidance.

What is Probate?

Probate is a legal process designed to help administer the division of a deceased person’s estate. In most situations, a person has a will stating how their property and assets get divided. However, there are cases when the will is disputed, or the person dies without a will. When this happens, family members typically end up in probate court.

What Leads to Probate?

Generally, the probate process starts when someone files a petition with the courts to open probate for a loved one’s estate after their death. The petitioner must show the certificate of death and the original will. The courts then review the information and officially open probate.

How to Avoid Probate

There are several ways to avoid probate, including having joint ownership, which ensures the surviving owner receives the asset or property in the event of the other person’s death. Different ways to avoid probate are having designated beneficiaries for insurance policies, having a solid living will, or passing along property ownership before your death. For more advice on avoiding probate, contact a probate lawyer Ogden Utah.

Why You Want to Probate

There are many reasons why you may want probate in Utah. Essentially, the value of the money and property in question and state laws can determine if you’re going to go into probate. Probate is also good when there are concerns about the execution of the deceased’s wishes, or there is a likelihood of family disputes.

Issues Probate Can Cause in Families

Probate can cause many family issues, including increased family disputes, accusations, and multiple people coming forward claiming they have a right to the deceased’s assets.

How Your Attorney Can Help You

An attorney can help you through every step of the probate process, including appearing in court with you. Additionally, an attorney can help you write a living will to help prevent your property from ending up in probate.

Call the Mountain View Law Group today for assistance with probate or writing a living will.

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