subject: Andy Ahern of Ahern and Associates Explains the Nightmare of Probate [print this page] Andy Ahern of Ahern and Associates Explains the Nightmare of Probate
Issue 1 disputes trigger problems. Fights among family members lead to protracted, cost and legal battles. Judges often fail to step in, early, to stop the feuding and contain cost.
Issue 2 fees mount quickly. Bills for attorneys, fiduciaries, and others can escalate at a staggering pace. Family members contend that professional fiduciaries bill people's assets aggressively.
Issue 3 cozy relationships raise questions. Close ties among judges, attorneys and fiduciaries, can result in a conflict of interest. These relationships can endanger the courts ability to hold attorneys and fiduciaries accountable for their billings and other practices.
Issue 4 objectors take the blame. Relatives or lawyers that try to fight fiduciary bills may, instead, find themselves blamed for causing delays and held responsible for extra cost.
Issue 5 oversight is lax. Judges, who have ultimate responsibility for a vulnerable adults assets, are allowed to scrutinize and reject fees, but substantial denials are rare.
The article went on to state that the State Board that licenses fiduciaries does little to question their conduct. It further stated that judges, who have the ultimate responsibility for vulnerable adult care and assets, are allowed to scrutinize and reject fees, but, in many instances, they don't: Judges are pointed by the Governor.
Commissioners are lawyers hired to act as full time judges and are appointed by the courts presiding judge.
One of the most common complaints, from family members in probate cases, is about control over attorneys and fiduciary fees. This week, The Arizona Republic is going to publish an article in which there are "safe guards" that can reduce the risk of families ending up in Probate Court, and they're going to explain how to protect your assets and reduce the chances of an expensive court fight.
I would suggest that all readers access the articles, and contact your attorney or Estate Planner (immediately) to make any and all necessary changes to protect your assets.
It's hard to believe that the people referenced in these examples lost their life savings.
Somebody that's incapacitated can be taken advantage of, and the court systems would allow this to happen, but the cases that were "cited" are real;
They occurred, in many cases, the people are now a ward of the state. Do your heirs a favor and protect your assets!
