Everyone knows that we are currently in unprecedented times, and this new normal may be here to stay for a few more weeks or possibly longer. While most people are begrudgingly aware that restaurants, some parks, and even libraries are closed, did you know that the probate courts in Massachusetts are closed to the public as well?
While the courts are closed to the public until at least May 4th, they are only hearing matters and cases that they deem as emergencies, and they are working with a reduced staff due to safety measures. Most hearings that are being held, and not rescheduled, are being held via videoconferencing or by phone. Cases that have been rescheduled are now being scheduled into May and June, as are all new cases being filed with the Court. The Court is currently only accepting new filings by mail or electronic filing.
As a result, we can expect a backlog of cases due to the COVID-19 procedures that will need to be heard once the Courts do reopen.
By now you might be thinking, considering the current situation, that avoiding “contact” with the probate courts is a good thing, but should it always be a goal to avoid Probate Court or going through the probate process? Or is this just another part of the “new normal” during COVID-19?
Especially upon a loved one’s death, if their assets are not aligned with their estate plan and if their plan is not up-to-date, family members or trusted advisors may have to go through the Probate Court to be appointed as a Personal Representative to gain access to the client’s assets. Assets that need to go through the probate process are assets that are in your name alone, not governed by a contract. For example, a bank account owned by you alone would need to go through the probate process. However, a life insurance policy where you named your spouse as the beneficiary would not need to go through probate because it would pass to your spouse in accordance with the policy contract. For many people, one of their primary estate planning goals is to avoid having their assets go through the probate process. But why? What is so bad about probate?
The probate process through the Probate Court can be slow, time consuming, frustrating and costly. Often if an asset needs to go through the probate process it could over two months before the client’s family or trusted advisor can access that asset and use that asset to care for the client’s family. And this is when the courts are functioning at their normal capacity!
At Family Estate Planning Law Group, we work with you to maintain and update your plan as needed and help you ensure that your assets are aligned in a way that accomplishes your estate planning goals, which will almost certainly include avoiding the probate process. Our ongoing client care program and our SAVeTTM system of simplifying, aligning, verifying and tracking our clients’ assets, are ways we work with you to ensure your goal of caring for your family is accomplished.
To learn more about how Family Estate Planning Law Group can help you practice “social distancing” from the Probate Courts and more about our unique estate planning process, explore our blog (especially this post about the myths surrounding probate), visit our website, or schedule your free consultation today!