Sean Tanko

Las Vegas Estate Planning & Probate Attorney

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Jan 28 2020

Ways to Simplify the Probate Process for Your Loved Ones

Have a Will and Keep It Updated

Having a will is of vital importance for all adults. Even if you are young or feel that you do not have enough assets to justify a will, it is still worthwhile to invest the time to have one composed. Without the direction of a will, your family can often be left in a difficult situation. There are two primary reasons for this. First, if you pass away without a will, the state determines where your property is distributed in a process known as “intestate succession.” This can lead to painful and unpredictable outcomes. Second, a will can also help clarify your desires regarding difficult end-of-life decisions.

Beyond having a will, you must keep it updated. A highly outdated will is often the same as having no will at all. The process of writing an maintaining a will can be simple and inexpensive with a respected probate attorney in Las Vegas, so there is truly no reason to delay.

A Will Isn’t a Good Place for Surprises

While surprise clauses in a will make for great movies, they are not as fun in real life. When drafting your will, try to avoid any clauses or demands that may be confusing or difficult for your family. A surprising distribution of your property may seem like a good idea on paper, but it can be painful for your loved ones.

Be as Clear as Possible

The idea of a will is not to be poetic. Rather, the goal is to be as clear as possible. Try to state your intentions and desires as plainly and clearly as possible. This makes it less likely for your will to be contested and makes it clearer for the courts to administer your wishes.

Don’t Try to Control Too Much

It is often tempting to try to maintain control even after we are gone. This is an understandable impulse that can lead to clauses like “I wish to leave my home to my daughter unless she drops out of college.” While these directions may come from a place of good intention, these modifications can have complex and unpredictable effects on the outcome of a property settlement. Thus, simplicity is a preferable option if at all possible.

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Written by editor · Categorized: Blog

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