When Probate Law Gets Ugly

Probate is legal jargon for a process that falls under estate planning procedures, and can lead to unnecessary confusion. Estate planning is the process of literally planning for what will happen to anyone’s assets upon his or her death, while probate is the process under which that planning is recognized. How one plans for the division of his or her assets helps determine how easily those assets will in actuality be divided, and probate laws can of course affect how simple or complicated the probate process can be. It isn’t for the faint of heart, and those in the process of planning for what happens to their assets upon death are advised to seek the knowledgeable counsel of estate planning lawyers.

Then again, the probate process can be murky no matter what.

In one gruesome example of probate law gone wrong, Katherine Saintil-Brown and her daughter were charged with negligent homicide after Katherine’s own elderly mother died under wretched conditions. That didn’t stop Katherine from accusing her sister, Brenda Merrill, of improperly handling their mother’s estate. That might seem irrelevant under the circumstances, but some people carry grudges quite a long way.

Katherine was originally the estate administrator, but was eventually evicted from the important position before Brenda stepped in to continue the obligations required of the role.

Katherine asked the probate court for money after saying she opened a safety deposit box and hired a lawyer during the time she worked as administrator on behalf of their mother. Brenda rightly asked for documentary proof of the expenses incurred. Naturally the probate court judge denied Katherine’s request to use estate funds for her own legal expenses, but the entire battle shows the need for proper foresight and planning in complex and developing situations.

It is especially important that the person whose assets will eventually be divided finds a responsible administrator or personal representative to help carry out the duties required, as they can be quite burdensome. Some of the duties required include the opening of a checking account for the estate (for tax purposes), asset appraisal, inventory, and evaluation of creditor claims. After death, the list of organizations that require notification is extensive. Social security, banks, utilities companies, and credit card companies all need to be notified as quickly as possible.

It’s also important to understand that probate can be a time-consuming process. Although most estates require just under a year in order to process, they can drag on much longer depending on the complexities of bigger estates.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

When a Missed Diagnosis Costs More Than a Botched Surgery

A missed cancer screening can cost a family everything:...

Doug Hoven Jr. on What AI Gets Right, and Wrong, About Buying a Home in Hampton Roads

Doug Hoven Jr., a realtor with The Ron Sawyer Team at RE/MAX Prime in Hampton Roads, watches ai advances happen in real time.

Azerbaijan’s Iran Problem

Azerbaijan’s Iran problem deepens as drone strikes, media bans and alleged IRGC plots expose Baku’s role in the wider war.

Steven Capuano on the Documents Founders Sign Too Fast

Steven Capuano has a test for how much trouble a young company is in. He does not look at revenue, headcount, or the pitch deck.

Hiring’s Overlooked Advantage: How Adam Kidan Built a Business on Second Chances

Adam Kidan president of Empire Workforce Solutions says second-chance hiring helps employers find dependable workers overlooked by rigid filters.

Nathalie Guasis on a Year in Montana

The chest freezer in a Montana kitchen reads like a diary. Trout from July. Elk from October. Burbot from February. Nathalie Guasis learned to stock hers.

Related Articles

Popular Categories