Probate is the legal process by which a state distributes assets after an individual has died. If the deceased left a straightforward will and no family disputes arise, probate is fairly simple; however, it is common for families to experience lengthy delays and even conflict during the experience. If you want to protect your family from a long process, a probate lawyer from The Law Office of W. Randall Holcomb in High Point, NC, has some recommendations that will help.

Probate Lawyer Shares 3 Tips for Minimizing Estate Disputes

1. Establish a Legitimate Will or Trust

If you do not have a legally binding will, the state will determine how your assets are distributed. This could lead to conflict among your family members and can extend the probate process beyond a reasonable time frame. If you want your estate to avoid the probate process altogether, you can create a trust, which, unlike a will, goes into effect immediately.

2. Ensure All Modifications Are Valid

If you want to make any changes to your will or revocable trust, talk to your lawyer first, and let your family know you made the changes. If the modifications are legitimate and you explain them to your family, it could prevent someone from arguing that an individual took advantage of the situation and forced you to make changes you didn’t want to. Such an allegation could otherwise extend the probate process.

3. Act Sooner Rather Than Later

It is never too early to start estate planning, and waiting could cost your family in the long run. If you wait until you are older to create a will or trust, someone could argue you did not have the legal capacity to do so. In this case, capacity refers to a thorough understanding of the contract you are entering into, and such an argument could result in a probate dispute and lengthy delays.

If you want to minimize probate disputes upon your passing, turn to a probate lawyer at The Law Office of W. Randall Holcomb in High Point, NC. Visit their website to learn more about their areas of practice, including civil defense and personal bankruptcy, and call (336) 888-8760 to schedule an initial consultation.