Avoid Probate – Part 3 – Avoid Uncertainties

            A Probate matter is a litigation.  The Probate action is filed in Court, subject to all Rules of Court, and subject to rulings and actions of the Judge just as with any other case.

            Inherent in any litigation, including Probate cases, is uncertainty.  We may anticipate and expect certain rulings by the Judge, but nothing is guaranteed.  What if the Judge just gets it wrong?  What if the Judge is having a bad day and takes it out on your case?  What if the Judge feels he or she “owes” a favor to a political friend and appoints the colleague to manage some aspect of the estate?

            These uncertainties extend to schedules.  Motions may be timely made, but that fact does not mean that the Court will timely hear or rule on the requested relief.  In fact, adjournments to schedules are the norm.

            Avoid Probate and the uncertainties of the Courtroom.  Manage your estate through a Living Trust.  Assets properly funded in a Living Trust never see Probate.  Living Trusts remain private with successor trustees administering your estate beyond the Probate process.  These agents manage your estate and distributions with no Court supervision and all the uncertainties associated with the Probate process. 

            To avoid uncertainties with your assets and challenges presented in the litigation process,  reach out for Estate Planning Attorney Michael Geiger at (901) 219-5549 or at [email protected].