دانلود کتاب 8 راه برای جلوگیری از مشروطیت

Probate, lawyers say, is simply a safeguard, designed to ensure that your wishes are honored and your family protected when you are no longer around to oversee matters yourself.
An impartial court supervises the whole process, to look out for the interests of both your family and your creditors. What’s wrong with that?
A lot, unfortunately. During probate proceedings, a deceased person’s will is brought to the local court. Proof must be shown that the will is authentic and was properly signed, with all the formalities required by state law. (If there is no valid will, the court determines who, under state law, stands to inherit the deceased’s property.) The deceased person’s property is inventoried and appraised, relatives and creditors are notified, and a notice is published in the local newspaper. Creditors make their claims, and debts are paid. Eventually—commonly, about a year later—the remaining property is distributed to the inheritors.
Probate’s problems have been well documented and well publicized. And if you’ve experienced the probate process firsthand, after the death of a parent or spouse, you probably don’t need any convincing that avoidance is the best strategy. But in case you still aren’t sure why planning to avoid probate is worth some effort, here are some factors to consider.
Where you live makes a big difference. Some states have adopted a law called the Uniform Probate Code, which simplifies probate court proceedings. In these states (check the appendix to see whether yours is among them), probate is likely to be simpler, quicker, and cheaper than in states that cling to the old-fashioned ways. The whole process is just paperwork, with no court hearings. Some other states have also simplified their probate court procedures.
Your family situation makes a difference. Probate usually entails notifying the deceased person’s heirs—that is, the people who would have a legal claim to inherit if there were no will. (This is true even if the person does leave a valid will.) That’s usually not a problem if there’s a surviving spouse or children, because they would inherit everything under state law. But if the deceased person was elderly and didn’t leave a spouse or any direct descendants, it can be an unexpected headache to try to locate heirs. The executor may have to track down long-lost aunts and uncles and their offspring—people no one in the family may have heard from in many years.
Probate is a waste of money. The cost of probate varies widely from state to state, but it’s commonly estimated that probate attorney, court, and other fees can eat up as much as 5% of the value of property left behind at death. As a result, that much less goes to the people or charities you wanted to get it. If the estate is complicated or disputed, the fees can be even larger.