The point of estate planning is to prepare for the eventual, inevitable, settlement. Good estate planning makes it easier for the family to care for someone if they become disabled, and to deal with their property on their death. When planning is not done properly, probate becomes the process of cleaning up messes.

If the planning was not done before death, it needs to be done after death. Each of the Root Causes has to be addressed. The Personal Representative has to be educated; the financial information has to be organized; assets need to be transferred properly; final wishes have to be determined. And all this has to be done while avoiding or minimizing disputes.

In my practice I begin with education, including recorded videos on basic obligations of a trustee, and specific training on serving as a trustee after a disability or a death. I then provide the Personal Representatives and Trustees with detailed checklists and other tools to make the settlement go smoothly. I also offer a class Probate Made Simple on an as needed basis to train personal representatives.

I strongly recommend that if you have been named as a personal representative or as a trustee that you begin the process of education and organization now. It can save a lot of expense and aggravation later.

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