How to Avoid Probate: The Importance of Estate Planning
Estate Planning is the process of preparing for your death that includes tasks such as preparing a will or trust. The goal of estate planning is to ensure your financial legacy reaches your desired outcome, and in some cases to avoid probate.
When you prepare a will or trust, you ensure you have a say in who benefits from your estate after you’re gone. Unfortunately, even a small mistake in the documentation can result in an invalid will or trust. Working with an estate planning attorney at Webster & Garino LLC will ensure that you and your loved one’s legal documents are always filed properly and validated by the court.
If you do not undergo careful estate planning before your death, then your estate will fall under existing state standards outlined for probate court. While our probate lawyers are experienced in successfully navigating probate to reach an amicable resolution for all involved parties after your death, it’s important to take advantage of our separate estate planning services so you have a direct influence on your financial legacy before you pass.
Indiana’s standard distribution guidelines include:
- If you are married with no children, then your surviving spouse may receive the entire estate.
- If you are married with children, the court may divide the estate between your spouse and children. But this division depends on a number of factors, including if the spouse is a first or subsequent spouse, and if there were children of that marriage.
- Depending on your familial situation, your surviving parents or siblings might also receive a percentage of the estate.
Preparing a legal will or trust removes your financial legacy from these one-size-fits-all scenarios. Spare your family from a prolonged probate process by completing your estate plan paperwork in advance with help from a skilled estate planning attorney. In elder law cases, establishing a contingency plan is more important than ever.
Call Webster & Garino LLC today for superior services.