#1: Does every estate have to go through probate?
Not always. Some assets will transfer directly to heirs without court involvement.
#2: How long does probate take?
Even the most straightforward probate takes a year to a year and a half. Contested estates, missing heirs, or complex assets can extend that timeline significantly.
#3: Isn't a will enough?
Yes. A handwritten will on a napkin is perfectly fine. That alone can avoid unanticipated results. However, a comprehensive plan drafted by an attorney gives you far more control and places your family in a place of peace and empowerment when you are sick or pass away. A revocable living trust may be best if you want a bit more control with distributions and more streamlined administration.
#4: When is the right time to do estate planning?
The sooner the better. Start with the baseline decisions and documents, and update the plan as your life evolves. Marriage, children, a new business, and buying a home are all common triggers for revisiting it, but you do not need a major life event to begin. That is also why having a good relationship with your estate planning attorney matters. When the plan is already established updates are quick and natural rather than starting from scratch every few years. The right time is before you need it.
#5: Do I have to be a blood relative to become a guardian?
No. Courts care about the best interest of the child, not bloodlines. A neighbor, family friend, or anyone with a meaningful relationship and a genuine commitment to the child’s wellbeing can be appointed guardian.
#6: What happens if a parent wants the child back after a guardianship is granted?
A parent can ask the court to terminate the guardianship, but it is not automatic. The court will evaluate whether returning the child serves their best interest, and we can help you prepare for and respond to that process.
#7: My parent's incapacity might only last a short time, is a durable POA enough?
For situations of shorter duration, a durable POA is frequently sufficient; so long as it is being honored by institutions. That said, the longer and more complex the situation, the more likely something eventually breaks down whether that be an institution refuses to honor the document, a placement decision gets contested, or family members disagree and that’s typically when conservatorship becomes necessary.
