The probate process has its pros and cons. Probate can be advantageous when the deceased has a lot of debt. The debt that would be discharged would be debt that is questionable or has not been properly validated as a claim against the estate. Because these processes can be complex, the example below should help give an idea of how the probate process can be beneficial:

• Example: Suppose there is a singular probate asset which is worth $290,000. Also, there is a bill from the hospital where the deceased spent one day, and that hospital bill is $300,000. If the hospital is paid, the widow will be left with nothing. In the probate process, the hospital will have to turn that bill into a valid claim against the estate. If they are unable to do so, then the claim can be denied and the widow would receive the entire $290,000 instead of the hospital receiving it. 

In the example above, even if the hospital is able to turn that bill into a valid claim against the estate, then our firm would adjust our strategy to make sure the widow receives a piece of that $290,000 rather than the hospital taking the entire sum for the bill. There is not one strategy that works for every probate case, and it is important to have an attorney that has extensive experience in seeing many different scenarios play out. The experience will translate into a custom strategy for you and your loved one’s probate process.

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