While many people are savvy enough to take important steps to avoid probate, this does not eliminate the need for some basic estate planning. For example, a will can serve as a security blanket for any assets that were not properly titled during a person’s lifetime. One should also consider the frightening possibility that both parents of a family could be killed simultaneously in an accident. A simple will can address those and a myriad of other possibilities, giving the person signing the will the peace of mind that their affairs are in order and will be taken care of when that time comes.

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A Power of Attorney is also important. It allows people to direct how they want their healthcare and finances to be handled should they become disabled or unable to manage their own affairs while still alive. Given the advances in medical technology, people are living longer, often to an age where they may be unable or even unwilling to manage their own affairs. A Power of Attorney form is a very useful and relatively inexpensive tool that allows people to delegate those critical responsibilities to a trusted loved one should the need arise.  Upon death, a simple consultation with an attorney can confirm whether or not the probate process is necessary or worthwhile.

 

The probate process can sometimes be avoided if the estate is relatively small and any assets were held in joint tenancy with rights of survivorship (or perhaps with a “transferable on death” or “payable on death” designation with a financial institution). However, the probate process is sometimes absolutely necessary to properly transfer the title to certain assets. The probate process is complex and difficult and can be confusing for anyone that lacks an attorney’s help.  In fact, the law in Illinois requires any Estate in probate court to be represented by a licensed attorney. The attorneys at Hart Cantrell and Thompson have been helping the people of Southern Illinois for decades with all of their estate planning and probate needs.