Advertising
Advertising

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.

Advertising

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.

Advertising

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.

Advertising

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.

Advertising

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.

More by this author

record player and mac Streaming or Downloading: Which Is the Best Use of Your Mobile Data? person on laptop Not Using a Digital Marketing Strategy? Here’s Why You’re Missing Out 2 men grappling Interested in Martial Arts? You’ll Need Gear Want to Improve Your Fitness? Consider Martial Arts wrapped present How to Select a Great Gift for Anyone and for Any Occasion

Trending in Communication

1 7 Ways To Have More Confident Body Language 2 How to Apologize When You Have Made a Mistake 3 7 Science-Backed Books About Spirituality That Will Change Your Life 4 20 Things Life Is Too Short to Worry About 5 How to Find Inner Peace and Lasting Happiness

Read Next

Advertising
Advertising
Advertising

Last Updated on January 15, 2021

7 Ways To Have More Confident Body Language

7 Ways To Have More Confident Body Language

The popular idiomatic saying that “actions speak louder than words” has been around for centuries, but even to this day, most people struggle with at least one area of nonverbal communication. Consequently, many of us aspire to have more confident body language but don’t have the knowledge and tools necessary to change what are largely unconscious behaviors.

Given that others’ perceptions of our competence and confidence are predominantly influenced by what we do with our faces and bodies, it’s important to develop greater self-awareness and consciously practice better posture, stance, eye contact, facial expressions, hand movements, and other aspects of body language.

Posture

First things first: how is your posture? Let’s start with a quick self-assessment of your body.

  • Are your shoulders slumped over or rolled back in an upright posture?
  • When you stand up, do you evenly distribute your weight or lean excessively to one side?
  • Does your natural stance place your feet relatively shoulder-width apart or are your feet and legs close together in a closed-off position?
  • When you sit, does your lower back protrude out in a slumped position or maintain a straight, spine-friendly posture in your seat?

All of these are important considerations to make when evaluating and improving your posture and stance, which will lead to more confident body language over time. If you routinely struggle with maintaining good posture, consider buying a posture trainer/corrector, consulting a chiropractor or physical therapist, stretching daily, and strengthening both your core and back muscles.

Facial Expressions

Are you prone to any of the following in personal or professional settings?

  • Bruxism (tight, clenched jaw or grinding teeth)
  • Frowning and/or furrowing brows
  • Avoiding direct eye contact and/or staring at the ground

If you answered “yes” to any of these, then let’s start by examining various ways in which you can project confident body language through your facial expressions.

Advertising

1. Understand How Others Perceive Your Facial Expressions

A December 2020 study by UC Berkeley and Google researchers utilized a deep neural network to analyze facial expressions in six million YouTube clips representing people from over 140 countries. The study found that, despite socio-cultural differences, people around the world tended to use about 70% of the same facial expressions in response to different emotional stimuli and situations.[1]

The study’s researchers also published a fascinating interactive map to demonstrate how their machine learning technology assessed various facial expressions and determined subtle differences in emotional responses.

This study highlights the social importance of facial expressions because whether or not we’re consciously aware of them—by gazing into a mirror or your screen on a video conferencing platform—how we present our faces to others can have tremendous impacts on their perceptions of us, our confidence, and our emotional states. This awareness is the essential first step towards

2. Relax Your Face

New research on bruxism and facial tension found the stresses and anxieties of Covid-19 lockdowns led to considerable increases in orofacial pain, jaw-clenching, and teeth grinding, particularly among women.[2]

The National Institute of Dental and Craniofacial Research estimates that more than 10 million Americans alone have temporomandibular joint dysfunction (TMJ syndrome), and facial tension can lead to other complications such as insomnia, wrinkles, dry skin, and dark, puffy bags under your eyes.[3])

To avoid these unpleasant outcomes, start practicing progressive muscle relaxation techniques and taking breaks more frequently throughout the day to moderate facial tension.[4] You should also try out some biofeedback techniques to enhance your awareness of involuntary bodily processes like facial tension and achieve more confident body language as a result.[5]

Advertising

3. Improve Your Eye Contact

Did you know there’s an entire subfield of kinesic communication research dedicated to eye movements and behaviors called oculesics?[6] It refers to various communication behaviors including direct eye contact, averting one’s gaze, pupil dilation/constriction, and even frequency of blinking. All of these qualities can shape how other people perceive you, which means that eye contact is yet another area of nonverbal body language that we should be more mindful of in social interactions.

The ideal type (direct/indirect) and duration of eye contact depends on a variety of factors, such as cultural setting, differences in power/authority/age between the parties involved, and communication context. Research has shown that differences in the effects of eye contact are particularly prominent when comparing East Asian and Western European/North American cultures.[7]

To improve your eye contact with others, strive to maintain consistent contact for at least 3 to 4 seconds at a time, consciously consider where you’re looking while listening to someone else, and practice eye contact as much as possible (as strange as this may seem in the beginning, it’s the best way to improve).

3. Smile More

There are many benefits to smiling and laughing, and when it comes to working on more confident body language, this is an area that should be fun, low-stakes, and relatively stress-free.

Smiling is associated with the “happiness chemical” dopamine and the mood-stabilizing hormone, serotonin. Many empirical studies have shown that smiling generally leads to positive outcomes for the person smiling, and further research has shown that smiling can influence listeners’ perceptions of our confidence and trustworthiness as well.

4. Hand Gestures

Similar to facial expressions and posture, what you do with your hands while speaking or listening in a conversation can significantly influence others’ perceptions of you in positive or negative ways.

Advertising

It’s undoubtedly challenging to consciously account for all of your nonverbal signals while simultaneously trying to stay engaged with the verbal part of the discussion, but putting in the effort to develop more bodily awareness now will make it much easier to unconsciously project more confident body language later on.

5. Enhance Your Handshake

In the article, “An Anthropology of the Handshake,” University of Copenhagen social anthropology professor Bjarke Oxlund assessed the future of handshaking in wake of the Covid-19 pandemic:[8]

“Handshakes not only vary in function and meaning but do so according to social context, situation and scale. . . a public discussion should ensue on the advantages and disadvantages of holding on to the tradition of shaking hands as the conventional gesture of greeting and leave-taking in a variety of circumstances.”

It’s too early to determine some of the ways in which Covid-19 has permanently changed our social norms and professional etiquette standards, but it’s reasonable to assume that handshaking may retain its importance in American society even after this pandemic. To practice more confident body language in the meantime, the video on the science of the perfect handshake below explains what you need to know.

6. Complement Your Verbals With Hand Gestures

As you know by now, confident communication involves so much more than simply smiling more or sounding like you know what you’re talking about. What you do with your hands can be particularly influential in how others perceive you, whether you’re fidgeting with an object, clenching your fists, hiding your hands in your pockets, or calmly gesturing to emphasize important points you’re discussing.

Social psychology researchers have found that “iconic gestures”—hand movements that appear to be meaningfully related to the speaker’s verbal content—can have profound impacts on listeners’ information retention. In other words, people are more likely to engage with you and remember more of what you said when you speak with complementary hand gestures instead of just your voice.[9]

Advertising

Further research on hand gestures has shown that even your choice of the left or right hand for gesturing can influence your ability to clearly convey information to listeners, which supports the notion that more confident body language is readily achievable through greater self-awareness and deliberate nonverbal actions.[10]

Final Takeaways

Developing better posture, enhancing your facial expressiveness, and practicing hand gestures can vastly improve your communication with other people. At first, it will be challenging to consciously practice nonverbal behaviors that many of us are accustomed to performing daily without thinking about them.

If you ever feel discouraged, however, remember that there’s no downside to consistently putting in just a little more time and effort to increase your bodily awareness. With the tips and strategies above, you’ll be well on your way to embracing more confident body language and amplifying others’ perceptions of you in no time.

More Tips on How to Develop a Confident Body Language

Featured photo credit: Maria Lupan via unsplash.com

Reference

Read Next