Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

Probate can be avoided with a smart estate plan

New Yorkers will take many steps to prepare for the future by crafting estate planning documents. However, there are always factors they might miss that can be costly to their heirs. Knowing how to prevent common mistakes requires taking the preemptive steps to avoid them. One such issue is probate. Knowing how and if to avoid probate can be useful to the person and the heirs.

Probate is unavoidable with certain estate planning documents. It can be expensive and take a significant amount of time to get through. It can also serve as a disruption in managing the assets, leaving the beneficiaries uncertain as to when they will get their inheritance. Another negative aspect of probate is that it is public. Anyone who has the desire can get the records and see the value of the estate, what property was owned and how it was divided. A living trust is a common strategy to avoid probate. The circumstances and the desires of the person crafting the estate plan will determine whether probate is something to be avoided or whether it might be useful.

It can be advantageous to have probate. Some want a public record of their estate plan. With the document publicly available via probate, an executor cannot do anything untoward. If there are problems, there can be a complaint filed in court. There is also the benefit of asset certification, so it can be harder to issue a challenge regarding ownership. Estates can be created to have partial probate. For those who reside in more than one state and have assets in each, the probate laws must be considered. This is especially true with real estate. People who are protective of their privacy or have other motivations for wanting to keep the records private should consider vehicles that avoid probate.

People have different goals when they decide on strategies for their estate plans. Drafting estate planning documents should factor in all the aspects, so a well-thought-out decision can be made as to the achievement of the person's goals. A lawyer who is familiar with probate and knows the benefits of entering it or avoiding it is a basic part of the estate planning process and should be given the proper attention.

Source: Forbes, "7 Big Estate Planning Mistakes -- Not Avoiding Probate," Bob Carlson, Feb. 26, 2018

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Map

Call us now for a free, 100% confidential consultation: