Milpitas, CA estates & probate attorney Elijah Keyes discusses how probate can be avoided through estate planning. Typically, the use of carefully drafted legal documents can effectively safeguard against many potential issues. However, it’s important to acknowledge that the United States is known for its litigious nature, where individuals often initiate legal actions for various reasons, even seemingly trivial ones. While it is possible to create documents that offer protection in the majority of circumstances, it remains impossible to entirely preclude the prospect of someone initiating a lawsuit.

In cases where legal action is taken concerning a trust or other documents prepared by the individual’s office, such lawsuits are typically heard in a probate court. The term “probate” encompasses two distinct meanings—it denotes a legal process designed to facilitate the transfer of assets and decision-making authority during an individual’s lifetime and after their passing. Simultaneously, it also refers to a specific type of court that handles cases related to trusts and various estate documents.

In practice, trusts are generally effective in circumventing probate proceedings, providing a robust means of asset management and distribution. Similarly, durable powers of attorney and advanced healthcare directives usually succeed in avoiding probate-related issues. However, it’s crucial to recognize that no approach can offer an absolute guarantee of preventing all legal challenges, given the inherent complexities of the legal system and the propensity for lawsuits.