Hemsley Case Underscores Value of Probate Avoidance
When you hear or read about the term "probate avoidance" you may wonder exactly what probate is
and why anybody would want to avoid it.
Probate is the legal process of estate administration. Probate transfers title of your property to your
rightful beneficiaries according to the terms of your last will or, if you do not execute a last will, by the
laws of intestate succession in your state. If you’ve created a last will it must be examined by the court
and the estate must settle any and all debts and claims before your heirs receive their inheritances.
The above can be costly after court costs and other expenses have been paid. Even in simple cases it is
time-consuming, and anyone who wants to contest the will could do so during the probate process.
This could create serious delays, and if your estate was not professionally prepared in the optimal
manner the challenge could potentially be successful.
It is possible to arrange for the transfer of assets to your heirs outside of probate and in so doing you
avoid these pitfalls.
The recently deceased actor Sherman Hemsley would have benefited from implementation of probate
avoidance strategies. It turns out that a man named Richard Thornton has come forward to challenge
his will. Thornton claims to be the actor's brother, and his challenge is making life difficult for his long-
time partner Flora Enchinton. In his Will Hemsley left everything to Enchinton while making her
executor of his estate.
The wise course of action is to discuss everything in great detail with your estate planning lawyer
before making final decisions. Once you hear all the facts you may decide that you would like to
arrange for the eventual distribution of your resources to your loved ones outside of the probate
Experienced estate planning attorneys Oklahoma City OK of the Parman and Easterday offers estate
planning and business planning resources to residents of Oklahoma City OK. To learn more about
these free resources, please visit www.parmanlaw.com/ today.