Nancy Cokinda - NAVIGATING A PROBATE HOME SALE

Introduction Selling a home after losing a loved one is a difficult path. Heirs, beneficiaries are experiencing deep grief, and family dynamics can become strained as decisions must be made in a time frame when all participants may not be physically or emotionally ready. We can all make the process less painful as property owners by setting up, with a qualified attorney, a legal process that family members can follow, ahead of time. A living trust is often recommended by seasoned professionals as the clearest, least cumbersome, and least costly method to transfer property upon death. The side benefit is that your personal "army of support people" are already named and in place as part of the living trust, for those times when life temporarily knocks us down. Financial power of attorney, medical power of attorney, and advance directives can all be incorporated. Medical care after an injury or during an illness can hit quickly, and having your systems in place ahead of time is a wise and proactive move. It also gives an opportunity to "test the waters" and see how well your designated parties are up to the task of performing. You can always amend your living trust and change the "players." I sometimes use reverse psychology: If you have any ill feelings towards your heirs and beneficiaries, do nothing, and let the full weight of the probate process take its toll on them. Probate is a costly, time-consuming, and often emotionally draining process. In Nevada, the probate court currently convenes only once a week, and there is one probate judge handling the court load. Let that sink in. Surviving family members often run to meet with their qualified estate attorney to set up their own personal living trusts after having put this process off for years. No one wishes a probate process on their loved ones.

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