How the Court Can Help Their Heirs
1. Are provisions for the care and guardianship of minor children usually provided for in a will?
In many cases, a Will does contain provisions for minor children. However, a court can overrule these provisions with a specific reason or a justifiable challenge of guardianship from another interested party or family member. The judge may also find the designated guardian is incompetent or otherwise inappropriate due to character issues. A judge will determine final guardianship, even though the decedent’s wishes are given first consideration.
The family needs to understand how the Law views the probate process; it is designed to help the heirs. So stand up and ask for help from the court; the court cannot read your mind.
Financial needs: Short-term loans are available against the estate; they are called SHARK LOANS. Weigh your options before you take that path. Feel free to contact me to find solutions for you. I am here to share my experiences with you.
2. How does “joint tenancy” affects a will?
Joint tenancy with the right of survivorship is a legal ownership option that is often used to pass ownership of a home without a will. Just note that joint tenancy can’t replace a Will; it will only apply to real property, not other assets. It simply avoids probate for real estate. With this ownership option, the surviving tenant or owner — usually a surviving spouse — becomes the property’s sole owner regardless of what is in a Will and outside the probate process. With this type of ownership, the property is not part of the decedent’s estate and not subject to the probate process.
3. Have faith Law is on your side.
Yes. The court won’t follow instructions that are deemed inappropriate. A judge can void a part or all of a Will against the Law or is otherwise considered inappropriate. A Will cannot, for example, terminate someone else’s legal rights or claims.
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