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Probate 3

 

Time to get back to work, I am a Paralegal not a Lawyer. So this is in no way to be construed or taken for legal advice, so as before this is only legal information. Let’s not forget that when a layer or a paralegal becomes involved your problem becomes an ISSUE.

Picking up on Probate. Probate is a legal system focused on taking care of things after you die or if you become unable to look after yourself because of a major injury. Namely it takes care of who is in charge and how someone will handle your Will and take care of your Estate after you leave or if you become injured too. Simply put, Probate Law will make sure your wishes are followed and no one is cheated.

Right now I am focused on Living Wills. Living Wills deal with what you want to happen when bad things happen to you but you are still in the land of the living.

SIDE-NOTE:  A Testamentary Will is a Will telling your loved ones what you want to happen after you leave this world.  It is a legal document filed with your lawyer, or left with a loved one. Either after you leave or while you are still living it has been validated by the Probate Courts. This will cost your Estate $190. Once again this price can varies depending on which state you in. But not by very much.

Just so you know there are several different types of Wills. Such dealing with different types of problems and situations. I will try to explain the different types later on. However if you have any concerns about which Will you may need; Please God See a Lawyer!!

In my last Probate article I talked about Conservators. Now let’s talk about Guardians. The most well-known Guardianship involves children. In such a case you have made a Testamentary Will or a regular Will. In this Will you named someone you trust to look after your children A Guardian is very similar to a Conservator, except that a guardian has limitations for example a child guardianship has to be approved by the courts.   There are several different types of Guardians in addition to child guardianship. Using the more common children guardianship as an example, you could assign someone to look after your kids and another person to look after any property or money you leave them. It depends on what part and or how much of your life you want your guardian to protect.  Under a Living Will you can appoint Cousin Fred to look after your money and only your money and with the same Living Will you can appoint your mother to look after your kids.  You can even appoint your 12 year old niece Harriet as Guardian for your beloved dog Niki.

Next week I will be talking more about Guardianship and about the Durable Power of Attorney. Just so you know you do not have to be an Attorney to have Durable Power of Attorney.

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