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What Happens With Your Will? Understand the Probate Process

What Happens With Your Will? Understand the Probate Process

Most people know that having a will is important. It allows you to express how you would like your assets handled after your death, and can include important information regarding the custody of any surviving children. Nevertheless, many people do not understand how a will is executed.

After you pass on, your will is managed through a local probate court. Consequently, many are not prepared for what’s ahead. Here is an introduction to the probate process and how it works.

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1. Your Executor Takes Charge

As part of your will, you should have identified an executor. Your executor files all necessary paperwork with the probate court. Moreover, according to Steve Bliss, a probate attorney, “the executor will provide the court with information regarding your current debts and assets, and your instructions regarding who should inherit certain property.”

Accordingly, once the filings are complete, official notification of your death will be released to all interested parties. The executor locates and secures all of the included properties, and manages all assets throughout this process. Conversely, they will also determine if any assets should be sold to cover any remaining debts.

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2. Short Term Support Requests

Depending on the state, your immediate family members may have the right to request funds from your assets to support their basic needs. For example, funds may be made available to provide basic support for your children, such as food and housing. The court makes decisions regarding these requests alone, and requests can be denied.

3. A Mandatory Waiting Period

Ordinarily, your assets cannot be provided to your heirs until the court releases the executor to do so. This waiting period ensures all of your final bills, such as remaining debts and funeral expenses, have been paid before any property is distributed. Even once all debts are settled, additional time is required to provide any creditors, whom the executor may not have been aware, have the opportunity to make a claim against the estate.

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4. Completing the Process

Only after all of these requirements are met can your assets be distributed to your heirs. Consequently, the executor will then take any necessary steps to legally transfer the property to the designated heir. Any payments or donations made to charitable organizations are also managed by the executor. Once the entire process is complete, the court releases the executor from their duties.

The total amount of time required may vary even when everything works smoothly. It is not uncommon for the probate process to take close to one year under the best of circumstances. If the will is contested, or if the estate is particularly complex, it can take much longer to finish.

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5. Contested Wills

A will may be contested if it is impossible that the will is not completely valid. This can include issues regarding how the document was completed, whether the person who created the will did so while under undue influence, or if the person may not have been of sound mind when it was created. If the will is contested, then the court will need to render a decision regarding the validity of the will, and if any other party has a reasonable claim to the assets. Depending on the state, a jury trial may even occur.

A contested will can take a very long time to complete the probate process. If the will is rendered invalid, then arguments may occur regarding who should receive which assets.

Can Probate Be Avoided?

If you want to avoid your will going through the probate process, it is wise to consider placing your assets in a living trust. Once part of the trust, the assets are legally no longer your property. Instead, the assets are owned by the trust, and you function as the trustee. This allows you to manage the assets as you see fit. You can designate a person to assume the position of trustee upon your death, allowing them to take immediate control of all of the assets within the trust. Unlike assets in a will, the assets in a trust are not subject to the probate process.

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Last Updated on September 20, 2018

7 Powerful Questions To Find Out What You Want To Do With Your Life

7 Powerful Questions To Find Out What You Want To Do With Your Life

What do I want to do with my life? It’s a question all of us think about at one point or another.

For some, the answer comes easily. For others, it takes a lifetime to figure out.

It’s easy to just go through the motions and continue to do what’s comfortable and familiar. But for those of you who seek fulfillment, who want to do more, these questions will help you paint a clearer picture of what you want to do with your life.

1. What are the things I’m most passionate about?

The first step to living a more fulfilling life is to think about the things that you’re passionate about.

What do you love? What fulfills you? What “work” do you do that doesn’t feel like work? Maybe you enjoy writing, maybe you love working with animals or maybe you have a knack for photography.

The point is, figure out what you love doing, then do more of it.

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2. What are my greatest accomplishments in life so far?

Think about your past experiences and the things in your life you’re most proud of.

How did those accomplishments make you feel? Pretty darn good, right? So why not try and emulate those experiences and feelings?

If you ran a marathon once and loved the feeling you had afterwards, start training for another one. If your child grew up to be a star athlete or musician because of your teachings, then be a coach or mentor for other kids.

Continue to do the things that have been most fulfilling for you.

3. If my life had absolutely no limits, what would I choose to have and what would I choose to do?

Here’s a cool exercise: Think about what you would do if you had no limits.

If you had all the money and time in the world, where would you go? What would you do? Who would you spend time with?

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These answers can help you figure out what you want to do with your life. It doesn’t mean you need millions of dollars to be happy though.

What it does mean is answering these questions will help you set goals to reach certain milestones and create a path toward happiness and fulfillment. Which leads to our next question …

4. What are my goals in life?

Goals are a necessary component to set you up for a happy future. So answer these questions:

Once you figure out the answers to each of these, you’ll have a much better idea of what you should do with your life.

5. Whom do I admire most in the world?

Following the path of successful people can set you up for success.

Think about the people you respect and admire most. What are their best qualities? Why do you respect them? What can you learn from them?

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You’re the average of the 5 people you spend the most time with.[1] So don’t waste your time with people who hold you back from achieving your dreams.

Spend more time with happy, successful, optimistic people and you’ll become one of them.

6. What do I not like to do?

An important part of figuring out what you want to do with your life is honestly assessing what you don’t want to do.

What are the things you despise? What bugs you the most about your current job?

Maybe you hate meetings even though you sit through 6 hours of them every day. If that’s the case, find a job where you can work more independently.

The point is, if you want something to change in your life, you need to take action. Which leads to our final question …

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7. How hard am I willing to work to get what I want?

Great accomplishments never come easy. If you want to do great things with your life, you’re going to have to make a great effort. That will probably mean putting in more hours the average person, getting outside your comfort zone and learning as much as you can to achieve as much as you can.

But here’s the cool part: it’s often the journey that is the most fulfilling part. It’s during these seemingly small, insignificant moments that you’ll often find that “aha” moments that helps you answer the question,

“What do I want to do with my life?”

So take the first step toward improving your life. You won’t regret it.

Featured photo credit: Andrew Ly via unsplash.com

Reference

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