While television and movies provide great entertainment, they are not always factual. Even shows based on real events are not entirely accurate. Creators of television programs and movies will often alter details of a story or situation to provide an enjoyable experience. Because of these widespread embellishments, people frequently develop misconceptions about many industries and professions, including attorneys and estate planning.
People think that it is easy to write or change a will. Some movies or television shows imply that you have only to write something down and put it into an envelope for safekeeping. Many commercials on television offer services for creating a will and trust.
A will not appropriately created may be considered invalid in the real world. The local probate courts determine whether the will or any changes to the will meet state law requirements. For example, states have differing rules for whether a will can be handwritten or typed, and if so, what features or provisions it must contain. If the creation or updating of the will does not meet state law, extra time will be taken to determine if the court can accept the will or if the deceased’s money and property will be distributed according to the state’s laws. The resulting confusion and likely conflict will cost the family extra time and money, and the hassle of getting through the probate case.
In movies and television shows, there is often a dramatic scene where family members gather in a lawyer's office for the reading of the will. The atmosphere is usually tense, and everyone eagerly waits to see who gets what.
The reading of the will is not a spectacular event. Usually, the will's contents are communicated to the beneficiaries by the executor or through legal channels. There is typically no gathering, and the process is more private. Some families may have more realistic expectations about the will based on prior family conversations about estate planning, and will not be blindsided when their loved one dies. Other families may find out the details of the will after it is filed with the probate court and may be hurt or angered when they learn what is in it (or not) for them.
When family and loved ones’ expectations are shattered in a movie or television show, everyone immediately considers contesting the will. Movies often depict legal matters, including estate planning, requiring an appearance before a judge; cases are argued in a courtroom and include cross-examinations and emotional accusations.
Realistically, an uncontested informal probate can occur in most states without stepping inside a courtroom. Further, where court appearances are necessary, most matters can be resolved outside the courtroom through negotiation, mediation, or other methods. Estate planning documents such as wills and trusts are designed to clearly instruct the distribution of money and property, reducing the need for legal disputes.
Some movies and television shows correctly explain that successfully contesting a will requires proving the case in court and that it may not always be easy. They rarely portray that a will contest gets complicated because anyone with legal standing can challenge a will, including
A successful will contest can invalidate the document. Suppose a will is found to be invalid. In that case, the deceased person’s money and property will be distributed according to the deceased's prior will or state intestacy laws, neither of which will likely reflect the decedent’s intent.
In movies and on television, beneficiaries often receive their inheritances immediately after a loved one's death. Inheritance distribution is portrayed as a seamless and quick process, allowing family members to access their newfound wealth immediately.
The distribution of money and property according to a will is a legal process that involves probate: the court-supervised process of validating the will, paying off debts, and distributing money and property. This process can be lengthy, especially if there are disputes or complications. Beneficiaries may need to wait to resolve legal matters before receiving their inheritance. Estate taxes and debts must be paid first, which can cause further delays. Sometimes, it may take months or years for an executor to be appointed, and there may be a minimum length of time that a probate estate must be open before inheritances can be distributed.
Real-life estate administration is less dramatic and more procedural than movies and television shows would have you believe. Seeking the guidance of an experienced estate planner can help you navigate the complexities of creating a proper estate plan to ensure that your wishes are carried out efficiently and effectively during probate or trust administration.
Estate planning attorneys help you decide based on:
Although television and movies are entertaining with their conflicts and cliffhangers, your estate plan should not be as entertaining. Call the attorneys at Altman & Associates at 301-468-3220 or visit our website at altmanassociates.net. We can help you craft a customized estate plan that addresses your goals and wishes and provides an uneventful administration at your death.
