Probate is a legal process that settles a deceased person’s estate and can involve multiple steps, such as inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries. In most cases, probate is not an enjoyable process and can be very difficult for families. The process can be highly complex and stir up deep-seeded emotional and familial conflicts, particularly if there is dispute regarding the distribution of assets or interpretation of the will. 

Today, we will look at some of the most common challenges families may face when navigating the probate process. While the process can be rife with difficulties, having an experienced probate attorney to help guide you through the process can be enormously beneficial. 

Challenges Faced by Families During Probate

When a loved one dies, the looming probate process can seem daunting. This sentiment is understandable. The following are challenges that many families face during probate:

There is no question that estate planning is a hugely important process that can have significant implications for someone’s life. Estate planning is a great way to provide security and guidance to your loved ones and relatives. If you have done any reading on estate planning, you have probably come across lots of information that discusses why trusts are, in some cases, a better alternative to wills, especially as a preferred means of testamentary transfer. While it is true that trusts do have a lot of benefits that a will cannot provide, it is also true that for some people, creating a will makes more sense than creating a trust. 

In this blog, we will discuss specific situations where creating a will rather than a trust may make more sense. Furthermore, if you are interested in creating a will or would like to inquire about starting an estate plan, contact a knowledgeable estate planning attorney who will work to ensure your rights remain protected throughout the process and that your estate planning goals can be lawfully met.  

It is not uncommon for people to treat their pets as if they were a member of their own families. Animals often serve as close companions to their human counterparts. But what happens if someone has a pet that has the chance to outlive them? Well, if you are the loving owner of a pet, you will be happy to learn there is indeed a way to include your pet as a part of your estate plan to ensure they will be cared for in the event of your death. Trusts involving animal care are authorized in the Texas trust code. 

If you are interested in including your pet in a trust, understand that various requirements govern the use of pet trusts. For example, the animal in question must have been alive during the grantor's lifetime. If you are interested in utilizing a trust to care for your pet in the event they outlive you, consider contacting a skilled attorney, as pet trusts can be just as complex as any other form of trust. 

What You Should Know About Trusts for Animals 

Contrary to trusts involving humans, which can be administered decades after the trust's creator has passed away, pet trusts are generally more temporary. Typically, pets will not live past 20 years old. However, there are exceptions, like species of birds that can live close to the length of a human life or even tortoises that may live for 100+ years. But for most animals, the trust will not need to be long-lasting. A pet trust will automatically terminate once the animal being cared for has passed away. As a result, it may be wise to include a clause governing what should be done with the remaining funds in the trust. In cases where the assets within a pet trust surpass the amount needed to care for the animal, the assets may be allocated to beneficiaries named in your will. In the event you do not have a will, the assets may be given to intestate heirs. 

In essence, estate planning is a way for someone to prepare for the unexpected. Within estate planning, powers of attorney can serve as a protective measure in case you ever find yourself in a situation where you cannot make decisions for yourself and thus cannot manage your estate. In a situation like this, a power of attorney would step in and begin the process of managing your affairs. While powers of attorney are often of more concern for older members of the population, that is not to say it is unwise for a young and healthy person to be prepared for a situation that involves them being incapacitated. In a case like this, powers of attorney would step in and be able to make medical decisions or pay the bills of the incapacitated person.

Accidents can happen at any time for many different reasons. Whether you are a young adult or an older individual, contacting a knowledgeable attorney who works in estate planning and has assisted others in naming powers of attorney can assist you in making your estate planning goals a reality. 

Understanding What Are Powers of Attorney

Simply put, a power of attorney is authorization for another individual to act with legal authority on your behalf. Powers of attorney may grant someone the ability to make medical decisions on another’s behalf, manage their financial affairs, or do other actions that the creator of the estate plan may see fit. When envisioning what would happen in a future emergency or incapacity, springing powers of attorneys may be used. This means that the power of attorney would not take effect until the time in which the estate planner is considered to be incapacitated. As a result, there is virtually no risk of accidentally granting someone control of your life at the present time. 

For many parents, one thought in particular is unconscionable: passing away while their children are still young. For families with children and two living parents, you may not think that you need to worry or think about estate planning. You may consider your children protected since you and your spouse are still alive. However, life can be wildly unpredictable. Therefore, while it is unlikely you will ever need an estate plan that considers the various needs of your children living without you, like the saying goes - it is better to be safe than sorry.

While you cannot directly leave money for a minor, regardless of whether they are your child, there are estate planning tools that allow you in other ways to protect them. If you are a parent with minor children and do not have an estate plan already made with your children in mind, the best time to create one is now. If you are interested in creating an estate plan and want to jumpstart the process, do not hesitate to contact a knowledgeable estate planning attorney who will work to ensure your estate plan is lawful and addresses the areas you are most concerned about. 

Tips for Estate Planning for Parents with Children

There are essential legal tools that parents with young children need to be aware of that they can use to safeguard their children's well-being should the unexpected take place. These legal documents and strategies include: