Downsides to Pre-Mortem Probate

I previously blogged about Alaska becoming one of the few states that allows the pre-mortem probate of wills. While these laws may help prevent emotionally and financially draining estate battles, there are some downsides to the practice, including:

• If an individual revises his will or trust, he will have to go through the process of pre-mortem probate again.
• An individual who seeks a pre-mortem ruling must be willing to reveal the contents of his documents and face arising conflicts.
• If an out-of-state individual goes through the process in Alaska, there is no guarantee that the probate court in the individual’s state of residence will accept the pre-mortem ruling from Alaska.

See Anne Tergesen, A Will and a Way, W.S.J., Mar. 21, 2010.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention.