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How to Avoid Probate
by: Jeffrey Broobin
Below is a discussion of how to handle probate First of all, what is probate? We've heard various things about probate and we are pretty sure that it deals with court matters that involve our property. We generally know that probate is something that happens after we die and it’s a negative experience because it is expensive and it takes a lot of time. True, The Two Main Problems with probate are that it can take up to a year to accomplish its own goals (not ours) and it is an expensive purchase of attorney advice and court costs when it may not be necessary at all. In fact, it Serves No Real Purpose usually except that the attorneys who defend it claim that it controls fraud in dividing up property owned by a deceased person and that it handles the claims of creditors fairly. Consider though, that in the usual case, there will probably be no major creditor claims and the property will go to a small group of family members. This is What Happens in Probate. The attorney may make a couple of court appearances but most probably the case will be handled by mail. Your attorney will charge you a fee for taking care of this (as high as 5% of the estate), even though most probate cases do not require any Special Lawyerly Skills like drafting of documents, the ability to resolve conflicts or fight for you in court, or perform any extensive legal research, since usually there is no fight going on and thus no need for a court appearance. What is necessary is the filling out of forms and filing them at the right time, a job usually performed by the attorney’s secretary. The attorney may charge what the court approves as appropriate and reasonable, or his fee may be based on a percentage of the estate. Even though the assets may be the home of the deceased or other personal property, the Lawyer’s Fees and attendant court costs and appraiser’s fees may require you to make an out-of-pocket payment of 5%. So, if your estate is even only $500,000, you could owe your attorney as much as $25,000. Although you cannot legally hold an attorney to this arrangement, you could try to get an attorney to agree to help you at a lower than average fee. Note that the power to select the attorney normally resides with your executor. To help Reduce The Cost of Probate, it is possible to study the extensive volume of educational materials found in public law libraries regarding the probate system in order to do much of the work yourself or require the executor to attempt this. Your executor can complete and file most of the forms completed by the attorney’s secretary. The best idea, however, is to Avoid Probate Altogether.

About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com


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All About Claims

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 Insurance Claims
 by: Alan Jason Smith

When you are involved in an accident insurance claims may not be the first thoughts on your mind. However, there are some procedures you should follow in order to preserve your right to file an insurance claim. This may be anything from hail damage to a stolen vehicle and does not refer solely to car accidents.

The first thing you want to do is prevention. Most insurance claims can be prevented even before the incident occurs. For instance, to prevent auto accident’s be cautious and think about taking a defensive driving course. To prevent stolen vehicle insurance claims, keep you vehicle locked up and parked in a secure place. To prevent damage from the forces of nature do not travel in bad weather and keep your car in a covered parkway. There are many ways to prevent yourself from incurring loss. Most ideas are just common sense. However, for more information contact your insurance agent for ideas on prevention. Next, you will want to remain calm. When disaster strikes people react. That is our nature. However, sometimes people’s reactions can make things worse on their insurance claims.

If you’re in a car accident this might mean taking the blame, leaving the scene of an accident, or putting your self in danger. If you’re car is stolen you may act on your reaction by accusing innocent persons. There are a number of problems that can arise when people over react that is why it is essential to your insurance claim for you to remain calm.

Now, the next thing you need to be aware of is time. You see, time is not on your side when filing an insurance claim. The longer you wait the less your chances are of recovering your loss. Most insurance companies will not even consider a claim if it was turned in a certain amount of time after the incident. It is also harder to prove the longer you go before submitting an insurance claim.

Finally, you will want to follow procedures and document everything. Insurance companies are hit with frauds all the time. In order to weed out the actual claims from the fraudulent ones, they have to have clear cut procedures. Unfortunately, this can sometimes be confusing to actual victims. Yet, they are in place out of the need to protect the company. This means that you will have to educate yourself to what the policies are. Find out what documentation you need and what forms you will have to file. If you need help, contact your insurance agent. That is what they are there for. If you follow this advice, you should be able to file a claim relatively easy and with the least amount of lag time before payment.


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