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The best guardian or conservator is someone who has the time, organization, patience, and commitment to carry out the court’s responsibilities.

The type of ownership, the existence of a will, the state’s probate laws, and the authority granted to the personal representative can all affect when a home may be sold.

Knowing how you own that home is just as important as knowing where it is located. Taking the time to understand your deed now may save your loved ones significant time, expense, and frustration in the future.

Although waiting can be difficult, taking the time to administer an estate correctly often saves everyone far more time, money, and stress in the long run.

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.

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.

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

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.