When probate court is a good thing

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There are instances when having your estate go through probate is a better option.

By Beth Newcomb

“Sometimes, it actually makes sense to go to have an estate go through probate court,” says Linda Nabors, who works with her husband, Jay, at Nabors & Nabors, the Strongsville-based law firm where attorney John J. Urban is of counsel.

“This goes against the common idea people have to avoid probate at all costs. But there may be circumstances that make it more advantageous to go this route.”

For example, if you have a house but owe more on it than it’s worth, structuring your estate to go through probate court means a bank doesn’t have to agree to the price if your heirs decide to sell it, Linda explains.

“In a case like this, transferring the house directly to an heir upon your death is not the best option,” she states. “Instead of having your family deal with trying to complete a short sale, your executor can force the bank to accept the sale through a process known as a land sale. It’s less of a headache for everyone involved.”

If the house goes through probate, the additional monies owed can be wiped away, or you or someone in the family may choose to purchase the home subject to the debt owed.

There are other instances when having your estate go through probate is a better option, and Linda and Jay can review your individual circumstances to determine the manner in which your will and other important documents should be structured so both you and your heirs are protected.

Nabors & Nabors offers Mimi readers a free legal services consultation in person or on the phone, with services at a contracted discount rate. Mention this story when you schedule an appointment. House calls and select evening appointments available.

To reach the attorneys at Nabors & Nabors Ltd., with John J. Urban of counsel, call 440-846-0000, ext. 227. The offices are located at 11221 Pearl Road, in Strongsville. Visit the website at Nabors-Law.com.