Avoid future problems
Probate hearings finalize family issues
By SHARON KERR Staff Writer

One thing active seniors are choosing to ignore is that the merry-go-round eventually stops.

Whether it is as abrupt as a heart attack or the slow spiral of Alzheimer's, at some point it is left to the remaining family members to sort out the estate.

When new Jasper County Judge Mark Allen took office Jan. 1, he knew that probate court would be one of his duties. One of the first continuing education courses he took through state judicial training programs dealt with probate.

Probate is the process of transferring assets at death. It includes the transfer of assets through a will, through beneficiary designations (life insurance, for example), or through a trust.

Allen says everyone should have a will that names an executor of the estate, no matter how small that estate may be.

"And don't just go with a neighbor or a friend. Pick someone you trust with the inheritance of your family," Allen said.

The cost of probate is determined by the amount of time it takes, not on a percentage of the estate. A will minimizes the time it takes and therefore reduces the cost of probate.

Susan Conte made headlines in the Houston Chronicle last Sunday, June 24, when she accused the Harris County probate court of charging more than a million dollars in fees to process her parents' estate. But the length of time depends on the complexity of the estate and whether the inheritors agree.

Many online resources explain wills and probate procedures, but all websites caution that they are not intended to replace specific legal advice. They do recommend discussing the terms of the will in advance, to avoid family feuds that can drain an estate.

Wills and trusts also need to be updated. It's not enough to visit a lawyer once and file the document away with the marriage license and property deed. A famous recent example of poor planning was Anna Nicole Smith, whose will left her inheritance to her son, who had died just a few months prior.

Allen said since he took office, he's heard 60 or 70 probate cases already.

"It's a very sensitive moment for the family. We go into the privacy of my office, and it rarely takes more than 5-10 minutes," Allen said.

But it is a necessary step to clarify heirship. Until the estate is probated, the inheritors can't legally sell anything, according to Allen.

He said all too often what happens in Jasper is that the family gets together and everybody splits things up, but even when all agree, there is no legal basis for ownership. They don't realize what a problem that will be until they want to sell property or enter into a contract, perhaps with an oil company for mineral rights.

"Probate finalizes things," Allen said. 'It's necessary."