Far too many families end up fighting, or at least experiencing tension, over a family inheritance, but it does not have to be that way. Having counseled families for years, we offer the following advice to help your family avoid fighting over your property — while you are here and after you die.
The final article in a three-part series about probate in Washington state. If someone dies owing a debt, does the debt go away when they die? No. Generally, the deceased person’s estate is responsible for paying any unpaid debts. The estate’s finances are handled by the personal representative, executor, or administrator.
Going through probate is a process with very specific steps and need not be confusing or complicated. After the executor’s appointment, the following will occur: the executor may need to post a bond, assets will need to be marshaled, and there may be ancillary probate for out-of-state property.
The most common misunderstanding I run into in estate planning is that people believe having a will allows them to avoid probate. That is not the case. Having a will requires probate to implement the deceased person’s written intentions. Probate is not the end of the world. In fact, in the State of Washington, probate is a relatively seamless process that an attorney can guide you through.
Having a family member pass away is something that is so emotionally draining, but thinking about the next steps are right at the top of mind. So, if you are wondering what that next step is, we are recommending probate.