Estate Administration Tales – Part 1

When we get calls to our office about the passing of a family member, more often than not the decedent (person who died) did not leave any written instructions as to how to distribute their assets and handle their affairs.  In other instances the decedent left instructions but not in a clear concise way.  

When verbal directions have been given or discussions had during the decedent’s lifetime with some but not all the relevant family members, problems often arise.  That can be the case even if everyone agrees on what should be done because there are laws meant to make the estate administration process an orderly one.  Those laws may conflict with what the family members believe should be done.  

In other cases there may be persons or entities that have an interest but who are not part of the family conversations.  Those interests need to be protected as well.  Sometimes the outcome dictated by the law is not the outcome that the family believes should happen or is what they believe the decedent wanted.

While these types of scenarios can often be avoided by preparing written instructions by way of a last will executed in accordance with the law’s requirements and other written documents as may be necessary to memorialize agreements and understandings, once the person has died those opportunities are gone.  We are left to determine the best outcome with the information we know and the applicable laws.

Next week I’ll tell you some stories to show you what I mean.