ABA Journal: The Associated Press has a story out discussing how most boomers don’t have living wills. They also are light in other estate planning areas. Estate of Denial® is often the first in line willing to point out probate abuse that occurs via the use of instruments like wills, trusts, guardianships and powers of attorney. Living wills and healthcare proxies can bring their complications as well. That said, we also would never want our message to be misconstrued as being against proper estate planning.
Though the current probate system is highly problematic, the answer lies in fixing it, not in the avoidance of action. “The fix” is no easy task, but it is critical if America wants to continue on an ideological path similar to that which has served us well for centuries, a path which respects founding values like property rights, individual liberty and the rule of law.
In the meantime, our recent column, Can Texans (or anyone) protect themselves from probate abuse?, asked “what can people do to protect themselves, their assets and their heirs?” And our answer was a disconcerting “not a whole lot.”