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The reality is that if you have children from a prior marriage and own everything jointly with your current spouse, your children may ultimately inherit nothing from you.

While that may sound appealing, no contest clauses can create unintended consequences. In some situations, they do not prevent litigation at all. A no contest clause may end up protecting a poorly performing fiduciary more than it protects the estate plan itself.

Most people create a power of attorney because they trust someone. Unfortunately, the same document that allows someone to help can also create an opportunity for abuse.

When a loved one can no longer make safe decisions about their health, finances, or daily life, families often turn to the probate court for help. The court's tools in that situation are guardianship and conservatorship — two related but distinct legal proceedings.

Trillions of dollars will pass through probate over the next twenty years. Courts will see more files, banks will need more papers, and clerks will be busy for years.

Thinking about updating your will yourself? A simple change could lead to court. Learn why DIY edits often cause costly probate disputes.

Federal privacy law (the Stored Communications Act) and each company's own policy require either a written designation by the account holder or a court order naming a personal representative.

A beneficiary cannot simply demand that property be sold. But there are legal pathways to address problems when they arise. Understanding your rights—and the limits of those rights—is key to navigating probate successfully.

If an heir cannot be found, the Court may offer several solutions. However, it is still very likely to complicate the probate process.