The process of estate planning can seem to be conceptual as you settle on your intentions and go about having the appropriate documents executed to state your wishes in a legally binding manner.
However, when you die, having someone take action will be necessary to make your wishes become a reality. Depending on the complexity of your estate and the nature of your assets there could be a great deal of business that must be conducted before your heirs actually receive their inheritances.
When you use a last will to direct the transfer of your assets the executor that you appoint will be charged with the responsibility of administering the estate. The activities will be supervised by the probate court.
Because of the fact that the executor may not have any experience navigating the process a probate attorney is generally called in to assist.
If this attorney was to see the estate planning documents for the first time during probate he or she cannot do anything about the way that they are constructed if any flaws exist. For this reason it is a good idea to think about probate when you are originally having your last will drawn up.
You could ask your attorney about acting as the probate lawyer once you pass away. If you make this arrangement you simply instruct your chosen executor to contact this attorney at the time of your death. Consequently the administration of the estate will go smoothly with the benefit of professional guidance every step of the way.
John Kuhn, Estate Planning Attorney
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