Most people equate probate with privacy. The process of collecting, managing, and distributing a deceased person’s money and property, probate is not a private process. For example, attorneys file wills at the courthouse. This makes them public record. As a result, your nosy neighbors need only travel to the courthouse or hop online to find out about your financial matters.
Everyone Has Access to Probate Files
After someone dies, most states require that someone file the deceased persons with the probate court. This requirement exists even in the lack of probate court proceedings. While your neighbors’ curiosity may annoy you, most need not view the information other than as a result of morbid curiosity. Other types of people could gain access to your public records. Unfortunately, if they wish to do so, they could make your beneficiaries’ lives miserable:
Probate Predators
Today’s digital world is convenient. But it’s also dangerous. Financial predators find ways to access sensitive personal information online. The bureaucratic courts often move slower than a glacier. Months may elapse before you (or the court) realizes that your beneficiaries have been swindled.
Charities
Even the most well-meaning charities can annoy an heir, whose money is considered “up for grabs.” This is especially true in an estate situation when heirs want to do the right thing to honor their loved one.
Will challengers
Most wills are filed with the probate court. So, they become public record. Thus, anyone who believesthey have an interest (whether valid or invalid) can access the document and challenge the will. This often results in added costs and time defending the will from what might be a frivolous claim.
How to Avoid Nosey Neighbors with a Trust
Attorneys never file trusts with a court, either before or after your death. Probate courts don’t interfere with your trust administration. So, you can avoid intrusions by busybodies and predators by creating a trust. While some state laws require a total or partial disclosure of information regarding the trust to beneficiaries, it is still the best way to keep your legal affairs private.
About Skvarna Law Firm in Glendora and Upland, California
Skvarna Law Firm operates offices in Glendora and Upland, California. We provide legal services. We cover San Bernardino, Los Angeles, Orange and Riverside Counties. This includes several cities. Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Pomona, La Verne, Montclair, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
