As noted in previous posts, aunts/uncles/cousins CAN inherit, subject to certain special rules.

During a kinship trial, cousin claimants not only have to prove their relationship, they also have to dis-prove the prior classes.  Specifically, they have to prove that the decedent died without a spouse, children, grandchildren, parents, grandparents, siblings, nieces/nephews.  It can be

Sometimes family members feud.

Sometimes it’s irreparable (in the eyes of the participants…..I would always beg to differ, but that’s another story).

Sometimes thoughts of money and mortality will lead a person to take action.

So they make a will….with one main purpose…..to make sure that “X” doesn’t get anything.  Sometimes there are related purposes,

In the last post I set forth a few “little things” that affect the probate process.  These things impact the complexity, timing and expense that may be involved.  Here are a few to consider:

1. A Will that is not attorney prepared and/or supervised.  Putting aside possible lack of clarity with a non-attorney will, there

When we “probate” a Will, we are having the Court recognize it as official and proper. The Court then grants “Letters Testamentary” to the Executor, giving the appointed person authority to act.

When looking at a probate proceeding, a few basic elements will determine how simple or complicated the proceeding is going to be.

Here

To understand things that would add complexity to probating a Will, it is useful to look at what an ideal (and easy) probate looks like.  The complicated situations occur when one or more of these simplifying factors are missing, or when some troubling variation is in play.

In an ideal situation, we have the following:

The word “probate” is often tossed around as something to be avoided.  As if the failure to avoid it were a mark of stupidity, or symbolized a lack of care or planning.

On some level if a person does extensive planning, and has ALL their assets with named beneficiaries, or if a person creates a

Questions sometimes arise about where to keep a Will, and who to tell about it. In a perfect world, where families are close and people communicate openly, this would not be an issue.  The person who makes a will should discuss it with his trusted family members and tell them where the will is, confident

Every case has a story, a set of facts that answer the question “What is this about?”

That is always the first question. The first question I ask a new client. The first question I address when telling an associate or paralegal about a new matter, and the first question Judges ask whenever you appear