Milpitas, CA estates & probate attorney Elijah Keyes discusses how probate can be avoided through estate planning. He states that, in most cases, proper planning can protect against legal challenges, but not always. The United States is a highly litigious society, and people sometimes file lawsuits for reasons that may seem trivial. While he can prepare documents that address 99% of potential issues, it is impossible to prevent someone from initiating a lawsuit.

He notes that any legal action brought regarding a trust or other estate planning document prepared by his office typically goes to probate court. The term “probate” has two related meanings: one refers to the legal process of transferring assets and authority during life or after death, and the other refers to the court that oversees cases involving trusts and estate documents.

A properly drafted trust usually avoids probate in most situations. Similarly, a durable power of attorney and an advanced healthcare directive typically prevent court involvement. However, he emphasizes that no document can guarantee absolute protection, as lawsuits can be filed despite careful planning.

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.