What Is Pre-Mortem Probate?

Of the things that people worry about missing out on after they die, probate is not usually one of them. You might wish that you could listen in on your own funeral and hear people express the appreciation for you that they were never able to put into words when you were alive. You might wish to see your oldest daughter step up to the role of family matriarch and host Thanksgiving dinner as well as you ever did, or even better. The good news is that you still have time to tell the people you love how much you care about them and to structure your estate plan so that you can be generous to them now and after you are gone. The best favor you can do for yourself and your family is to be careful and clear about expressing your wishes for long-term care and to set aside money for it. In most cases, probate is simply a routine enough procedure that your family does not need your guidance to complete it. Sometimes, though, probate becomes a venue for family disputes, and one family member challenges this will, either out of genuine concerns about its validity or just to antagonize their relatives in ways they never would have dared to do while the decedent was still alive. Some states enable you to prevent this problem by a process called pre-mortem probate, but Maryland is not one of them. To find out more about preventing probate disputes about your will, contact a Washington, D.C. estate planning lawyer.

Can You Haunt Your Family While You Are Still Alive?

Alaska, Arkansas, Delaware, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, and South Dakota allow pre-mortem probate proceedings. This does not mean that the probate court settles the testator’s entire estate while the testator is living; that would be impossible, or else would open the door to chaos during the testator’s remaining time on Earth. Instead, premortem probate only allows for the part of probate that involves the validation of the testator’s will. Since the testator is still living, he or she can appear before the court in person and testify that he or she understands the provisions of the will, and that the will is not the result of undue influence such as fraud or coercion.

Pre-Mortem Probate Is Not the Only Way to Prevent Challenges to Your Will

Since Maryland and D.C. residents cannot get involved in their own probate cases while they are alive, your best option is to show as many trusted people as possible that you meant what you said in your will; tell them by email, if you want a paper trail. You can also write in terrorem clauses into your will. These clauses say that, if a beneficiary challenges you will, he or she forfeits his or her inheritance, even if the challenge to the will is unsuccessful.

Contact Tobin O’Connor Concino P.C. About Avoiding Disputes Over Your Will

A Washington, D.C. real estate attorney can help you build an estate plan that accounts for family conflicts that could manifest themselves as challenges to your will.  Contact Tobin O’Connor Concino P.C.  in Washington, D.C. or call 202-362-5900.

Sources:

nysba.org/the-viability-of-pre-mortem-probate-in-new-york/

porterwright.com/content/uploads/2021/03/pp-35-02-mar-april-author-pdfs-sneeringer-et-al.pdf