By Mark E. Lewis, Law Offices of Mark E. Lewis & Associates

Have you ever experienced the outcome of a bad idea? Or wished that you “knew then what you know now?” Anyone who has lived long enough can probably answer in the affirmative to both questions. Sometimes, the only way we learn is the hard way: by making mistakes ourselves and suffering consequences that serve as a painful reminder. When it comes to your estate (which is my area of law), the BAD IDEA to avoid is ending up in probate court. So, even though I have made this point many times before, I will reiterate again that many or even most Californians need a good estate plan that includes a probate-avoidance, revocable living trust.

Because Law Offices of Mark E. Lewis & Associates office handles the administration of estates, in addition to creating and updating estate plans, we help clients navigate the “cautionary tale” of landing in the probate court regularly. Almost every time we have to interact with the probate court, it has been a forceful reminder of what a GOOD IDEA an estate plan would have been.

The Probate Court Nightmare

Having to endure the California probate process is so painful that it borders on nightmare. Recently, courts all over Southern California have attempted to streamline their processes by creating rules that force attorneys to use specific electronic reporting and filing systems. While this might seem more efficient, the electronic “system” doesn’t always recognize the documents, or the over-worked court clerks don’t enter the documents correctly. This means that a process that is already very long can become substantially delayed (sometimes months) or might have to be completely redone from the start.

Time and Money

In the hope of helping you, reader, to avoid this bad idea, I’m offering assurance that you DO NOT want to have your family or loved ones endure the probate process! Keep in mind that the delays described above are in addition to the typical time of one to two years a probate usually takes (during which time the estate assets are frozen). During my 30 years of practice, the fastest probate that I ever participated in practice took nine months.

As if the frustrations and length of process involved with probate weren’t enough, the cost to beneficiaries is another painful consequence to avoid. The cost is a percentage of the estate established by the state, and it is expensive. For example, probating a small, two-bedroom, one-bath house with a value of $700,000 would cost the inheriting family members over $36,000!

Good Idea for Today

Probates can occur because no estate plan was created or because the estate was not planned well. A will is not enough to avoid probate, and a boilerplate estate plan may not be flexible or customized enough to avoid problems. So NOW you know what you need to know for THEN. See an experienced attorney and prepare a quality estate plan for your family.

Here’s a good idea: reach out to Law Offices of Mark E. Lewis & Associates. We have been planning estates for more than three decades. Our attorneys and staff will make sure your well-planned estate keeps your family away from the probate court.