PROBATE
​NIGHTMARE

Best way to show your love for your family!

Best Advice Ever! 
 
Ask yourself:  Do you want to spend your time in court and a lot of your money going through probate after your loved one passes away?
 
Do you think you are able to think clearly and can withstand the pressure of facing the judge who usually is in a hurry to get you to present your case very quickly because he has 30 to 50 other people in the court room waiting to have their cases heard?
 
I have found that many attorneys don’t even remember their client’s names in court, much less all the details of the case.  The attorney wants ALL the documents you might have that could help him with your case. The attorney will certainly charge you for reading, organizing and coping every single one of your documents, but most likely, did not read them.
 
I know, I have unfortunately been forced to hire an attorney on more than one case for my business. I was taken by my attorney so bad I had to go to arbitration and fight with her as well.
 
I was a trustee for a friend of mine. If there had not been a living trust, we would have had to go through probate in court.
 
Thank goodness my friend took some good advice and set up a living trust and will.
 
My friend’s property was recorded in the trusts name, and I was able to sell the real property, his personal property and disburse everything as per his wishes without having to go to court for anything.
 
I would consider going through probate a long, protracted, expensive nightmare that all informed people will avoid by preparing ahead of time. Do you really want your loved ones to have to fight in court and possibly pay thousands in court costs and attorney fees to sell, disburse and resolve your estate?
 
If anyone tries to tell you probate isn’t really that hard to do, get a second, third, fourth, fifth and sixth opinion. Remember the person telling you probate isn’t that bad, is not going to have to go through it for your estate! Your loved ones may be forced to go through probate if you do not plan ahead with a Living Trust and Will.
 
You need to make the wise decision to form a Living Trust for your loved ones, not for yourself, or your friend giving you advice. You will not be here to go through the probate torture, but your loved ones will.
Do some research before you make your decision. I have a living trust and will. I chose to make my son Co-Trustee because I was Co-Trustee when I was Trustee for my friend. My friend had cancer, and he was advised that he might spend a long time possibly not able to communicate or be able to perform many legal tasks while he was incapacitated.  By making me Co-Trustee, I was able to act on his behalf while he was still alive and incapacitated.

I was also his power of attorney for health care. I was able to take over during the time he was incapacitated and fight for his life, as he was not able to speak up for himself when the in-home care service was over-medicating him with pain medicine. They liked to keep him knocked-out, so he was easier to manage. My friend was quite capable of managing his own pain medicine and if he had business to take care of, he would not take any pain medicine until he was back home and not required to have a clear head.

This in-home service placed a Duragesic Fentanyl Patch on his back where he could not reach it to tear it off and turned my friend into an overnight vegetable. The head nurse claimed the cancer had gone to his brain, but the patches wore off in 72 hours, and I noticed the last few hours before they placed another patch on his back, he became coherent again! YES, the nurse lied to me! Their goal was to claim he needed 24-hour care immediately at $20.00 an hour which came to approximately $7,200.00 per month. My friend had still been driving his car up until the time they placed the Duragesic Fentanyl Patch on his back without his knowledge. My friend drove his vehicle less than 100 feet before he ran off the road into a ditch not knowing he had been drugged against his will. That was the last day he ever drove a vehicle.

There is a lot to deal with when a loved one is incapacitated or passes away. If you truly do not want to leave a nightmare for your family to deal with; then please investigate creating a Will and Living Trust.

Knowing what I know now, I would never be without an Estate Plan which includes a Living Trust, Will and Power of Attorney for Health Care!

I believe in having an Estate Plan so much I now help my son with his Legal Document Business.
​
By Alexis Stuart
Associate Legal Document Assistant

Please contact us today for an appointment:
Alexis Stuart  
The Trust People
(805) 929-8080
San Luis Obispo County LDA #262   

An Estate Plan goes much further than a Will.
Not only does it deal with the distribution of assets and legacy wishes, but it may help you and your heirs pay substantially less in taxes, fees, and court costs.

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