We often get calls asking about Affidavits of Heirship, and if they are a good alternative when a loved one dies without a Will. Affidavits of Heirship can be a tempting alternative to instigating a probate proceeding because of the substantially lower initial cost, but there are limitations and risks associated with this alternative. Most financial institutions and title companies fail to advise clients of these limitations and risks.
The Limitations of an Affidavit of Heirship
Ownership of Out of State Real Property
We continue to have a lot of new and existing clients whose loved ones have died with real property interests in other state. They are often surprised when we advise them that in order to transfer title to those interests, they will need to file and go through that state's probate process. Typical out of state real property interests include vacation homes, beach condos, rental homes, ranches, farms, and mineral interests.
Use of online document preparation services for Wills.
We get a lot of calls and emails from potential clients who state that our fees for legal services are too high, and they will just go online and use one of the popular online document preparation services to prepare their Will at a faction of the cost. It is true that our fees are higher than the online document preparation services sites. However, what most people don't consider is that we don't just fill in the blanks to prepare your new Will. We use our extensive knowledge and experience to analyze each client's personal situation, objectives and needs, and give advice and counsel relating to the best and proper way to handle their estate planning needs and objectives. Experience and expert counsel is what you are paying for, not just the preparation of a new Will or document.
Transfers Immediately before Death can be Counter-productive
February 3, 2016
Focus on Probate versus Non-Probate Assets
September 11, 2015
Ancillary Probate
Over the last few weeks several of our new clients have had questions about the probate process for real property located in other states. I wanted to share with you some basic information about the process to help you understand and plan for the impact of owning out of state real property.
