3 Kinds of Testators the Probate Court Cannot Stand

If you are an incorrigible people pleaser, then death at least relieves you of the dread of seeing other people’s reactions to your mistakes and shortcomings. Despite this, even people who ostensibly do not care at all about what other people think about them sometimes put great effort into their estate plans. They do not want to make a mistake that they cannot undo, such as writing a vaguely worded will that will cause discord between the testator’s children after the testator is no longer around to make peace between them. Ambiguously worded wills might be the most common reason that probate is more stressful for the heirs and for the personal representative of the estate than the testator intended, but it is a relatively easy problem to fix. You can just take your will to an estate planning lawyer, who will review it and help you rewrite it, if necessary. The other problems are more difficult, because the testator usually engages in them with full confidence. If you are the personal representative of the estate of someone who was too stubborn to ask a lawyer to review his or her will, contact a Bronx probate attorney.

The Testator With Delusions of Wealth

If an estate has no money left when it settles, because the entire estate has gone to creditor claims and taxes, it is called an insolvent estate. These are a common occurrence. It is not always possible for people to inherit as much as the will says they should. Therefore, you should allocate money to heirs by percentages, not dollar amounts.  You should not say, “My brother Branwell shall inherit the first $100,000 of my estate, and the rest shall be shared equally among my four children.” If there is only $25,000 left at the end of probate, Branwell gets it all, and your children are left broke and resenting their uncle.

The Testator Who Uses Probate as a Venue for His or Her Grudges

The worst probate request is one that says something like, “My son Bradley shall inherit half of my estate, but only if he divorces his gold-digging wife,” or, “My daughter Bronwyn shall inherit half my estate, but only if she starts shaving under her arms.” Those provisions cause awkwardness for everyone involved in the probate process. The heirs may decide that they love themselves and their spouses more than they love their conditional gifts, and they may refuse the inheritance. This creates more legal complications.

The Testator Who Does Not Understand Non-Probate Assets

Life insurance policies and payable on death (POD) bank accounts naturally pass to the beneficiary without probate. If you make your estate the heir of these assets, you are defeating the purpose of non-probate assets.

Schedule a Confidential Consultation With a Bronx Estate Planning Attorney

An estate planning lawyer can help you draft or review your will and edit your worst impulses out of it.  Contact Cavallo & Cavallo in the Bronx, New York to set up a consultation.

Source:

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