Articles and audio on New York Probate

E315 How to Probate a Hoarder Estate

E315 How to Probate a Hoarder Estate

As you can imagine, probating a hoarder’s estate adds a few more complications. In this episode, we will talk about how to deal with some of the main challenges.

A hoarder can be defined as someone that likes to keep a lot of things; those that hold on to items with little value. As an executor, we define it as a situation where it’s abnormally difficult to navigate the living quarters. For example, a hallway that isn’t a hallway. Or trouble opening a door, because there are items blocking it.

How much does it cost to clean a hoarder’s estate?

How much does it cost to clean a hoarder’s estate?

On average, to clean out a hoarder’s house, it will cost about two to three times as much as it would cost to clean out a similar living space of the same size. We’ve chatted about the costs for cleaning a “normal” home, which can add up in a typical situation. For example, if you’re cleaning out a hoarder’s one-bedroom apartment, the cost will be the equivalent of a two-to-three-bedroom home. The reality is that you will need more movers, trucks, and dumpsters.

Another level of additional cost is dependent upon the cleanliness, which you may not know until the stuff is removed. You may be facing possible additional safety/hazmat costs, depending on the severity.

How to find important items in a hoarder probate

How to find important items in a hoarder probate

Another twist when you are dealing with a hording situation in probate, is how to find important items in the home. Even in normal (or conventional, typical) estates, it can be hard to track down important items. For example, executors need to look and find estate planning documents, tax returns, or tangible gifts such as art, jewelry, collectibles. There’s a much higher risk of not finding these items when the home is in this condition.

In addition, it makes the cleanout process much slower. Typically, we can find the items before it’s cleaned out. But, in a hoarding situation, we have to wait for the movers to clean out walkways to access areas to search. They are helping us gain more elbow room and to be able to navigate the living area. It’s a move items, search for items, move more items, search for more items game. You have to search as they are cleaning, which prolongs the process and adds time and money.

How to protect a hoarder’s reputation during probate

How to protect a hoarder’s reputation during probate

Another layer is how to protect the reputation of a hoarder during probate. Most hoarders aren’t proud of their situation, how much stuff they had, how they lived, etc. In this case, more than a few hoarders have explicitly asked us (as their professional executor) to hide the situation from family, friends, and neighbors. We’ve talked previously on how to handle privacy for our clients. We are happy to do this for them.

We will select our cleanout crew carefully, making sure they have a high level of professionalism and discretion. We’ve seen crews that have someone at the door nudging along nosey neighbors and some that even set up barriers to block the view in the home. In a building setting, even requesting the assistance of the building managers is important, as they are the first line of gossip defense.

If you want to find out what is required of an executor, I suggest reading my book, “How to Hire an Executor.” A non-professional executor may get overwhelmed by this particular situation. In addition, hiring a professional who will adhere to your request for reputation protection in a hording situation is important.

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E310 How to Sell Cash-Poor Probate Co-ops

E310 How to Sell Cash-Poor Probate Co-ops


How do you sell a probate co-op, when the estate has no other cash?

Why does the estate need cash? To pay for all the preparations, such as movers to clean out the property, cleaners, contractors for minimum renovations to make the property marketable, and more.

For some houses, cash buyers/investors may be an option. But for other houses and the many co-ops in NYC, it’s not an option.

Sell personal property

Sell personal property

When the estate has no cash or bank accounts, it’s usually because the accounts have named beneficiaries. When the estate only has accounts with named beneficiaries, there’s no operating account for the estate. Beneficiary designations are one of my pet peeves; they usually mess things up rather than solving inheritance problems.

So, the estate has a valuable piece of real estate, but no means to pay for the necessary steps to turn it into cash. Usually, the personal property in the residence is junk. I know someone may value their yard sale treasures or the dining room set that took forever to pick out, but no one else wants it. Antiques and high-end pieces can be sold easily, but generally it’s not worth the cost of running an estate sale for the other personal property.

In this situation, the executor has no choice, so maybe but maybe they can sell enough pieces, jewelry, or anything to raise funds for the estate. Again, not a great situation: you’re essentially asking your executor to conduct a garage sale in hopes of raising enough money to clean out the rest of the junk!

Ask heirs to pay

Ask heirs to pay

Another undesirable option is asking the heirs to pay. The bottom line is that the heirs almost never have available funds. Even if heirs have the funds, they probably don’t want to contribute. Besides, even if one heir funds the estate, it causes imbalance and it is recipe for drama. The one who funds the estate will expect special treatment over the other heirs.

Bridge loans

Bridge loans

A bridge loan is a short-term loan to get you from being illiquid to being able to sell the real estate. Bridge loans are not the same as usurious inheritance funding loans. This is a loan that is secured by the property itself. For that reason, some bridge loans have 0% interest!

So, what’s the catch? There’s lots of paperwork and specific conditions to get a bridge loan. Some loans require you to work with a particular broker or firm. But if that doesn’t bother you and you have no other options, it’s not too bad. Applying for a bridge loan is similar to filling out a mortgage application.

Executor

Those are the not so ideal solutions to selling a cash-poor probate co-op. If you dump this situation on a family member or friend, they probably won’t have nice things to say about you after your death. Hiring a professional executor is a good idea in this situation. To learn more, check out my book, “How to Hire an Executor,” available on Amazon!

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E261 How to Close on Sale of Business in Probate

E261 How to Close on Sale of Business in Probate


Hurray, you’re finally in contract and ready to close on the sale of the estate’s business. You already did all the hard work preparing to sell the business, now make sure you cross the finish line and close the sale properly.

Maintain status quo until sold

Maintain status quo until sold

Make sure you maintain your insurance payments. In the rare chance that there is a slip and fall accident between the time your insurance lapses and the closing occurs, it will be your problem.

Maintain your security plan, whether it’s an alarm system or driving by to check on the place. We have had an attempted burglary in one of our situations. It’s like the burglars have a sixth sense that the owner passed away and that the building is not well-attended. They notice that there are no cars or customers coming and going from the business.

Keep up to date with all of the business vendors. If the business is not operational, let the vendors know not to come by anymore. You don’t want boxes of inventory stacked up, just like you don’t want piles of mail stacked up outside of a decedent’s home. It’s pretty obvious that the place is vacant if no one takes the items inside.

Allow buyer’s final inspections

Allow buyer’s final inspections

Make sure that the lease is transferable. The buyer may need to have an introduction with the landlord to make sure they get along and agree on new terms.

Even if you provide a fully audited inventory of the estate assets, sometimes buyers want to do their own inventory. Cash registers, coolers, machinery, the condition of the parking lot – the buyer will want to see these for himself. Sometimes you can’t capture the condition of these types of things in a report or photographs.

Transfer all paperwork

Transfer all paperwork

While most of the paperwork happens at closing, some paperwork needs to be put in motion ahead of time. For example, making sure that the buyer can take over the lease from the landlord.

There may be a whole bureaucratic process to make sure the buyer gets the necessary licenses and permits to operate the business. Maybe it’s a permit to have a cafe on the sidewalk in front of the restaurant or obtaining a liquor license.

Think you’re done? Not quite. Even if you’ve sold and liquidated the business assets, you probably still need to wind down or dissolve the corporation and business bank accounts. You probably did the sale in the form of an asset sale (meaning, the buyer bought the stuff), and not a sale of the corporate stock. The estate is now left with an empty corporate entity. Dissolving the corporation involves getting certain tax clearances, notifying the Department of State, emptying business accounts, and notifying the IRS with a corporate tax return.

It’s a long process, but it has to be done.  We’ll cover this in a future episode, but please comment below if you have questions or comments in the meantime.

If you want to learn more about how probate works, check out my book on Amazon, “How Probate Works.”

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E254 Best Renovations to do Before Selling Probate Real Estate

E254 Best Renovations to do Before Selling Probate Real Estate


Selling probate real estate can be tough because properties are usually out of date, very “lived-in,” and attract discount buyers.

Here are a few minimum renovations and repairs that executors should consider in order to receive a flow of serious buyers, without spending too much in estate funds.

1. Clean out the clutter

Clean out the clutter

Cleaning out clutter is more expensive than people realize. For example, cleaning out a one-bedroom apartment in the Manhattan area will cost between $1,500 and $2,500 for several cleaners/movers, a truck, and a dumpster.

Though cleaning out is expensive, it is a MUST. It’s very difficult to sell a home with the deceased person’s belongings everywhere. Do your best to get the home at least broom-clean or better. Even buyers looking for a sweet deal aren’t really excited to clean up someone else’s mess so that they can move in.

You’ll probably need to pack and ship some items to heirs anyway, so cleaning out the place completely just makes sense.

2. That fresh paint smell

That fresh paint smell

We’ve seen so many homes with outdated colors or tones. We have one right now with blood-red colored walls. Though certain colors may have been popular at one time, you need a neutral color like beige, light gray, or white to sell a home. Don’t try to get fancy with different shades of the same color. We had a house with at least eight different shades peach freshly painted throughout, and it was not appealing! Give the buyers a blank canvas to work with and let them pick their own colors.

Don’t use wallpaper –  stick with paint.

Besides being aesthetically pleasing, a fresh coat of paint can help reduce odors. To put it bluntly, most probate properties smell like the person who lived there. Again, give the buyer a blank canvas that smells fresh.

3. Let there be light!

Let there be light!

For some reason, really “lived-in” places seem to feel dark. Maybe there are too many curtains, or the windows haven’t been cleaned.

Most realtors will say that maximizing the light very important. You can do this by updating all of the lightbulbs to LED lights (which is a cheap fix, by the way!). It is also good to wash and fix the windows, if feasible (this may not be so easy in a high-rise building). You may want to consider getting rid of curtains to brighten the place. Additionally, getting rid of curtains can reduce odors trapped in the fabric.

4. Refresh the floors

Refresh the floors

You don’t need to do a full reflooring, as this can be quite expensive. Just replace or remove the carpet. If you find hardwood floors under the carpet, leave it exposed. People tend to like hardwood floors. Sanding and refinishing old wood floors is way cheaper than putting new flooring in. If you have to put carpet in, choose a light, neutral color.

5. Minimum bathroom updates

Minimum bathroom updates

Bathroom updates can get expensive, but there are some minimum updates you can do to maximize its appearance. Don’t replace the tub, just re-caulk it. You should consider replacing the vanity, as it is fairly inexpensive and easy to install. Many old vanities have stained outlines of where pill bottles and other items sat.

It is also beneficial to update the showerhead and the fixtures. You can go to any hardware store and pick up inexpensive, shiny, updated fixtures. The $50 spent to replace a leaky shower head with a fancier one, will be worth it to help the home sell.

If there are enough funds and the heirs agree to use the estate funds, then you can make costlier updates. However, I assume that most heirs want to maximize their inheritance and just get the home sold. Besides, you don’t know what taste the buyers will have. You might spend a lot of money on updates that look good to you, and the buyer ends up ripping it out to suit their own style.

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E246 How to Collect MTA COVID19 Death Benefit

E246 How to Collect the MTA COVID19 Death Benefit


Did you know that heirs of Metropolitan Transit Authority (MTA) workers who died of COVID19 may receive a $500,000 death benefit?

When I first heard of this, I thought it was a scam. But, yes, this is real! We’ve helped families collect this benefit. Here’s how:

Who qualifies for the MTA COVID19 death benefit?

Who qualifies for the MTA COVID19 death benefit?

Any MTA employee who died of COVID19 qualifies. The MTA has already paid out over $62,000,000, which means at least 140 employees have passed away from COVID 19.

How to apply for the MTA COVID19 death benefit?

How to apply for the MTA COVID19 death benefit?

An heir can’t just apply as family member of the decedent (we’ve been hired by families that have tried). You must set up an estate and get a court-appointed executor or administrator. That court-appointed person is who must apply. An administrator is appointed for an estate without a will, and an executor is appointed for an estate with a will.

Be sure to choose wisely who you want to fill that role, because once that person is appointed, they need to know how to work with the MTA to get the claim pushed through.

It’s not easy like submitting a life insurance claim. This kind of death benefit claim is new. Anytime you are dealing with something new involving a bureaucracy, you need some force of will to get it done. From personal experience, getting the MTA death benefit can be a long, drawn-out process involving numerous emails and long hold times on the phone. But, with the right team pushing through, we have had successful outcomes for our clients.

When will the MTA COVID19 death benefit end?

When will the MTA COVID19 death benefit end?

As of this writing, it is currently extended through December 21, 2021. It could last longer, but we don’t know yet.

If you lost a loved one who was an MTA employee, you should apply for this benefit as soon as you have opened the estate. Sooner is better than later. Why? Because the MTA seems to be tightening the qualifications, making it harder to qualify. For example, an unvaccinated employee is no longer eligible. The MTA is also taking a closer look at the cause of death (did the employee die directly from COVID 19, or something else?).

Be aware: getting a court-appointed executor or administrator currently takes a few months or longer. So, start now. If you call us today to open an estate, it could be early spring before the court appoints a representative for the estate. The courts are very backed up and short-staffed.

This was a very specific blog about a specific benefit, but it is important to know about it if you think you may qualify.

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E241 What is a Probate Reserve?


Think it’s over? Even when most of probate is complete, the executor must hold a reserve.

Why keep a reserve?

Why keep a reserve?

Think of it as a rainy-day fund: An amount of money that the executor holds on to in order to pay unexpected expenses. Even after more than a year, unexpected things pop up – even with experienced attorneys involved. It’s impossible to have full certainty of what the final bills are for the estate without waiting a bit. Creditors, taxes, and accompanying legal/accounting fees can be a big deal. If the executor has no money left in the account, it’s not a good scenario.

In Episode 239, we discussed this exact situation. Our client was an executor. He didn’t take our advice to wait for the full tax clearance. Since he didn’t wait and distributed the money to the heirs, they were shocked and horrified to later receive an unexpected tax bill for over $20,000. This put the executor in a tough situation where he either had to ask for money back from the heirs or pay it out of pocket.

We had another case where the hospital creditors sued the executor for an unpaid medical bill. In this case, the lawsuit was frivolous. The hospital didn’t formalize their claim, and they were barred by the statute of limitations from being paid. They sued anyway, and the executor had to hire an attorney to defend the estate in court.

There was also a case where, long after the estate had been closed, an alleged “son” emerged and sued the estate for his share. The executor had to go through litigation to find out whether this really was the decedent’s son. Obviously, he needed money to pay for legal defense.

If you ever run into these situations, and you have a reserve, you’ll be very thankful!

How much is kept in reserve?

How much is kept in reserve?

There is no set number, but it is a balancing act. The amount must be big enough for the executor to feel comfortable that he won’t run out of money in a bad situation.

But the amount should not be too big, as you want to get as much money as possible out of your hands and to the heirs. The executor is a conduit, not an investment advisor. As professional executors, we take a lot of things into account when determining the reserve amount. It’s an art and a science!

When to release the reserve?

When to release the reserve?

Usually, it takes about a year to close an estate, and we hold a couple thousand in reserve. About one to two years after the estate is closed, we usually feel comfortable releasing the reserve. That should be enough time for any unknowns to shake out. However, even with the best planning, something could come up ten years from now. That is why I have attorney’s insurance for these kinds of situations.

In general, the statute of limitations is between three and six years. If the estate took one and a half years to close and you hold the money another one and a half years, then you’ll have more certainty that it’s time to release the reserve to the heirs. Sometimes heirs don’t mind getting the reserve later, because that second payment feels like a bonus.

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E239 Why Does Probate Tax Clearance Take So Long

E239 Why Does Probate Tax Clearance Take So Long?


Waiting for tax clearance is often the biggest delay in closing an estate. We’ll explain why tax clearance is so important and why it takes so long.

Why tax clearance is so important

Why tax clearance is so important

No one wants IRS problems under any circumstances. In estates, the IRS is a top priority creditor. They need to get paid before anyone else gets paid. It’s important to know the final figures for the IRS before distributing to the other creditors and heirs.

If the IRS is not paid properly, the IRS will come after the executor and heirs later. In order to be paid, they will come after whoever has the money, which can include the heirs who received an incorrect distribution. The executor can also be held personally liable.

Let’s say you are the executor, and you neglect to pay the taxes properly. You cut the checks to the heirs and six months later the IRS says you owe another $50,000. Imagine asking heirs to give back some money to pay taxes. Those heirs are not going to return your phone calls no matter the amount of money owed.

Must file final returns to get started

Must file final returns to get started

Sometimes it is hard to get the decedent’s final paperwork in order to make that final filing. It’s happened to us many times. We know there’s another W-2 or 1099 out there to finalize the return, but we don’t have them. If we’re missing documents, we have to request them from banks and other financial institutions. This process can take weeks, or even months, because these bureaucracies are not used to dealing with non-everyday situations like death. We often get shuffled around among different departments to get what we need.

Even worse, sometimes we have to request missing information from the IRS. This process can be brutally long. It takes a whole year just to get the tax clearance from the IRS. Imagine trying to request just one piece of paper. The IRS is overworked, and they don’t answer the phone. You end up filling out and submitting forms, then play the waiting game.

Sometimes filing the final tax return isn’t final. Even after filing the decedent’s 1040, from time to time you need ANOTHER filing (1041) to confirm that there are no capital gains on the sale of the decedent’s home.

Last bite at the apple

Last bite at the apple

This is the IRS’s last chance to get money out of the decedent. Once the tax return is filed, the IRS takes a LONG time to review it and give a final answer. They know that this is their last opportunity to collect from this taxpayer. They examine a decedent’s return way more thoroughly than a living person’s return.

The IRS reviews more than a W-2, a 1099, and a bank interest statement. Within the Statute of Limitations, the IRS looks at social security withholding, payroll tax, income tax, capital gains, and everything in between. This just adds to the already existing delay in processing.

It is frustrating for the heirs to wait so long for a distribution; however, they seem to prefer to wait rather than to sign a statement saying that they will bear the responsibility if the IRS comes after them. When dealing with the IRS, you rush to wait. There’s not much of a choice.

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E235 3 Reasons Probate Court Takes So Long

E235 3 Reasons Probate Court Takes So Long

Clients often call asking us why their probate case is taking so long. Probate usually takes a while, but lately, it has become an even longer process. We will discuss three current, real-world situations to help you understand what your case might be taking longer than you thought.

Is there a backlog for probate?

Is there a backlog for probate?

As is the case for any bureaucracy (especially government), due to COVID/lockdowns, the courts have had limited staff and operations for over a year. This means the courts (which are generally not lightning fast anyway) are now playing one year’s worth of catch up. Probate court piles have been stacking up; it’s not as if people stopped dying.

On top of the daunting backlog, the courts are understaffed. Additionally, new clerks are hired who are not very experienced. Also keep in mind that many offices are working on a staggered in-person schedule. This leads to more delays and mistakes because there may not be enough experienced workers to provide solid training. The new clerks may have to wait much longer to get a simple answer from a supervisor who is working remotely. Meanwhile, the piles of files are stacking higher.

Can probate court change its mind?

Can probate court change its mind?

Imagine the court (clerk, staff member, etc.) reviews your file, and requires a laundry list of changes from you. This is normal and happens often. But many changes are very time consuming, such as getting papers signed, translated, ordered from other courts, etc.

Even if we think the changes are unnecessary, usually it’s just better to grin and bear and do as court instructs. Arguing about the changes won’t make it go faster, so you comply. Now imagine by the time we file the requested changes the court clerks have cycled out or changed. Now we have a new clerk who says, “who told you to do it that way? I need you to do these other five things.” This often happens with bigger corporations where you usually do not deal with the same person twice. Typically, you get to know the court clerks over the years. But lately, the turnover has been unusually high for whatever reason.

Do courts make mistakes?

Do courts make mistakes?

Yes, the court personnel are human and make mistakes, too. For example, probate court have SLOWLY adopted e-file system. Does e-file work smoothly? Not yet. We can file some things, but not everything.

We had a client who called us for a case status. He got really frustrated and called the court directly after we told him we are waiting on the court.  He called to ask court status of case; court replied that nothing had ever filed. However, we were literally looking at the computer screen showing the date that the case was e-filed and accepted. The poor client didn’t know what was going on: was his lawyer or the court lying to him? Thankfully, we put out the fire since we had receipts to prove the e-file.

These are some reasons we’re seeing as to why probate is taking much longer than usual. Hang in there; it’s a waiting game. And we’re waiting along with you

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E233 Probate Problems with Sibling Rivalries

E233 Probate Problems with Sibling Rivalries


We all know siblings who are constantly competing or comparing with each other. Let’s talk about how those rivalries cause problems during probate.

Which sibling inherits more?

Which sibling inherits more?

If there is any slight imbalance of inheritance amounts, there’s an issue of who was the favorite. Or maybe it’s an issue of who took care of mom or dad at the end of life. Maybe there is compensation or gratitude for whoever dedicated the time when things got difficult at the end. It might also be a reflection of who already received lifetime gifts or support. Maybe the parent helped with a down payment for one sibling’s house or tuition for another sibling’s children.

There could be many reasons for each sibling inheriting different amounts, but the siblings will see it the way they want to see it, and this imbalance can create conflict.

Which sibling gets more control, communications during probate?

Which sibling gets more control, communications?

It’s not just about competing for dollars or inheritance amounts. Even if everything is divided equally, there could still be disputes or harsh feelings about who gets to be the executor. In this case, it may be better to hire an independent executor. It could relieve some stress.

But, even if you have an independent executor, there could be disputes about who talks to the lawyer/executor more! We get this a lot: “I heard that my sister emailed you several times, and I want to know everything you told her.”  Making the attorney the middleman slows things down and creates more billable time.

When siblings don’t talk

When siblings don’t talk

When siblings don’t talk to each other, the attorney ends up having double communications – which increases costs. For example, I may have a phone call with the older sister to explain the file status. Then, I have the same phone call with the other two siblings separately. That’s three billed items that could have been just one.

In severe situations, siblings want to make sure the other siblings never get their contact information. We have to ensure that phone, email, and home addresses never get shared with the other! It’s a lot to keep track of.

For example, we’ve had to file probate petitions in such a way that the addresses of the heirs are hidden. In another recent example, we had to mail out 18 separate letters instead of one mass letter, so that no one has each other’s contact information. If that’s what the siblings want, we’ll do it. They just have to understand that there’s a cost involved.

To learn more about what probate entails, check out my book, “How Probate Works,” available on Amazon.

 

E230 How Poor Communication Hurts Probate

E230 How Poor Communication Hurts Probate


Sometimes the biggest problem in probate is the people, specifically when there are too many people involved.

When there are too many lawyers

When there’s too many lawyers

You may be wondering: “Why would anyone want too many lawyers involved?” Sometimes there are situations where everyone lawyers-up: the executor has his, the heirs each have their own, and so on.

We recently had a situation where two of the heirs had multiple lawyers. There was a language barrier because the heirs were not English speakers. They had lawyers from their own country and those lawyers had translators in the United States. That translator didn’t have any probate experience, so the family friend contacted us to explain what the probate lawyer is saying. Now, there are three layers of lawyers between the heirs and the actual work that is being done.

Sometimes heirs have multiple lawyers for other reasons. Sometimes a relative or family friend is a lawyer, but do not specialize in probate. They may act as a back-seat driver to the hired probate attorney.

None of these situations are great, because in most cases, everyone is billing. Just imagine: three lawyers multiplied by one email is now 3 billable increments. Or if you have four lawyers and the average billing is $400 an hour, that is now $1,600 an hour. Not to mention paralegals and legal assistant who are billing in addition to the attorneys. It adds up fast!

When there’s too many layers

When there’s too many layers

As mentioned above, there was an issue with three layers of lawyers between the heirs and the actual work that is being done. Why is that a problem? Remember the game “telephone” where you whisper something to the person next to you, and they whisper it to the person next to them and so on? By the end of the line, the final recipient has nothing close to the original message! It’s no different with professional lawyers in between.

It’s not just garbled messages or lack of communication skills, but their biases get inserted along the way. There are also delays while passing information along. If the message from the executor needs to pass through three lawyers before reaching the heir, it will take a while. What if each step takes up to twelve hours to review the information? It could be days before the message gets to the recipient, when it was a simple question that could have taken just a few minutes and one quick email.

When there’s to many emails

When there’s to many emails

Whether it’s because everyone has their own lawyer or there are multiple layers, important information gets lost in the barrage of emails.

If there are ten people included in an email chain, there may be times where everyone wants to chime in and respond to something that isn’t necessary. It’s not easy to scroll through ten emails and immediately pull out the important information. It takes time to go back and look through the previous emails.

Another issue with a large email chain is that no one knows who is doing what. It’s like taking your kids out with other families who have kids. Who’s watching the kids? It’s one of those situations where people might assume that everyone else is handling the situation.

Having “too many cooks in the kitchen” can lead to problems based on just communication issues alone. If you want to be armed with knowledge before tackling probate, check out my book, “How Probate Works,” available on Amazon.