For those that want maximum control over the dispersal of their assets after their passing, we often recommend setting up a trust. However, trusts are not the end all be all of estate planning. Many families get by perfectly fine by creating a will with an experienced estate planning attorney as their ally. However, assets listed in your will must first pass through the probate process before they are dispersed to the individuals of your choosing. We’ve all heard the nightmare stores of the probate process lasting months or even years. So, what are some things you can look out for to make sure these situations don’t happen to your loved ones?
Many Beneficiaries
There is nothing wrong with listing many beneficiaries in a will, but it is one of the factors that could lead to a longer probate process. Simply put, more people must be notified, and more people must sign documentation to commence the probate process. With a legal team at your side, we can make sure each beneficiary is given ample time and reminders to fulfill their role in the process.
Beneficiaries or Assets Are Spread Out
Geography can also pose unique challenges in the probate process. In some cases, keeping relatives in the loop who live multiple states away (or even outside of the United States) can be a challenge. Conversely, sometimes the assets are dispersed across multiple states which requires the utilization of ancillary probates.
Executor Difficulties
It’s important to choose your executor wisely, as they too could potentially be the root of a slower than usual probate process. It’s not enough to simply trust a person enough to make them your executor. Ideally, they will also have good organizational skills, money skills, and won’t be too tied down by outside commitments.
Beneficiary Disagreements
Ideally, the executor will also be familiar with the relationships the individual who created the will has developed over the years. That’s because family feuds are another common source of probate delays. Attempting to defuse any potential disagreements before they develop into a feud state while remaining unbiased is something we are more than happy to assist in amid the probate process. This way, no further estate settlement court delays will keep your loved ones from receiving assets you’ve chosen to set aside for them.
Contact Mobley & Brown, LLP for Help Throughout the Probate Process
If you are searching for an estate planning and family law attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.
