Movie estate administration details are often depicted inaccurately. While television and movies provide great entertainment, they are not always factual. Even shows based on real events are not entirely accurate. Creators of television programs and movies will often alter details of a story or situation to provide an enjoyable experience. Because of these widespread embellishments, people often develop misconceptions about many industries and professions, including attorneys and estate planning. In this blog, we discuss estate administration movies, showing ways Hollywood gets the story wrong.
The Truth about Creating and Revising a Will
People think that it is easy to write or change a will. Some movies or television shows imply that all you must do is write something down and put it into an envelope for safekeeping.
In the real world, improperly created wills become invalidated. The local probate courts determine whether the will or any changes to the will meet state law requirements. For example, states maintain differing rules for whether a person should handwrite or type a will. If the creation or updating of the will fails to comply with the law, the attorney will take extra time to determine if the court accepts the will. They all also decide if the court should distribute the deceased’s money and property according to the state’s laws. The resulting confusion and likely conflict will cost the family extra time, money, and hassle to get through the probate case.
Gathering for the Reading of a Will in Movie Estate Administration
In movies and television shows, there is often a dramatic scene where family members gather in a lawyer’s office for the reading of the will. The atmosphere is usually tense, and everyone is eagerly waiting to find out who gets what.
The reading of the will is not a spectacular event. In most cases, the court communicates the contents of the will to beneficiaries through legal channels. There is typically no gathering, and the process is more private. Some families maintain realistic expectations about the terms of the will based on prior family conversations about estate planning. This helps eliminate the potential for surprises when their loved one dies. Other families find out the details of the will after the attorney files documents with the probate court. This may hurt or anger them.
Not Every Matter Requires an Appearance Before a Judge in Real Life
When a movie shows shattered expectations of family and loved ones, everyone immediately considers contesting the will. Movies often depict legal matters, including estate planning, as requiring an appearance before a judge. Attorneys argue cases in a courtroom and include cross-examinations and emotional accusations.
Realistically, in most states, an uncontested informal probate can occur without ever stepping foot inside a courtroom. Further, when court appearances prove necessary, most people settle matters outside the courtroom through negotiation, mediation, or other methods. Estate planning documents such as wills and trusts provide clear instructions for the distribution of money and property, reducing the need for legal disputes.
Immediate Distribution of Inheritance in Movie Estate Administration
In movies and on television, beneficiaries often receive their inheritances immediately after the death of a loved one. Inheritance distribution is portrayed as a seamless and quick process, allowing family members to access their newfound wealth right away.
The distribution of money and property according to a will is a legal process that involves probate: the court-supervised process of validating the will, paying off debts, and distributing money and property. This process can be lengthy, especially if there are disputes or complications. Beneficiaries may need to wait for the resolution of legal matters before receiving their inheritances. Estate taxes and debts must be paid first, which can cause further delay. In some cases, it may take months or years for an executor to be appointed, and there may be a minimum length of time that a probate estate must be open before inheritances can be distributed.
Real-Life Probate and Trust Administration
Real-life estate administration is less dramatic and more procedural than movies and television shows would have you believe. Seeking the guidance of an experienced estate planner can help you navigate the complexities of creating a proper estate plan to ensure that your wishes are carried out efficiently and effectively during probate or trust administration.
Although television and movies are entertaining with their conflicts and cliffhangers, your estate plan should not be as entertaining. We can help you craft a customized estate plan that addresses your goals and wishes and provides an uneventful administration at your death. To learn more, give us a call.
