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008 Call-In Corner: Got Will? It’s Not Enough
Probate Court Comes First
Download Your Free Book: https://tinyurl.com/monahan-estate-book
🎧 Listen on
Apple Podcasts
|
Spotify
In this episode of Estate Planning Confidence, we launch a new feature: the Call-In Corner, where listeners ask real questions. And Bob and Jessica give clear, practical answers.
Nancy’s Story
Our first caller, Nancy, shares a story that surprises many families. After her husband’s death, Nancy walked into the bank, will in hand — the document that named her as executor — only to be turned away. The teller told her she couldn’t access his account until she went to probate court.
Why would that happen? Isn’t that the whole point of having a will — to make things easier and avoid court?
A Will Does Not Avoid Probate Court
As Bob explains: a will does not avoid probate — it guarantees it.
Once the death of a loved one happens, the
probate process
begins. And if your loved one had a will, it needs the blessing of the probate judge to be effective.
In fact, until a probate judge reviews the will, confirms its validity, and formally appoints the executor,
that will is just a piece of paper.
That’s why “Letters of Office” — the official document issued by the probate court — are essential. They don’t just empower an executor; they protect third parties like banks and title companies by confirming that the executor has legal authority to act. Without them, institutions can’t — and won’t — release funds or transfer property.
Plan Ahead for Your Family
This episode lifts the curtain on this hidden but critical step in estate settlement. It’s not about distrust or bureaucracy for its own sake; probate is about protecting everyone involved and making sure that a decedent’s final affairs are handled properly under the law.
If you’ve ever assumed that having a will means you can bypass the court system, this is a conversation for you. And if you’re looking for ways to plan ahead — so your family can avoid surprises like this — you’ll find valuable insights about trusts, joint accounts, and beneficiary designations.
And don’t forget to download your Estate Planning Confidence — your step-by-step guide to getting organized, protecting your family, and putting your plan in motion.
About Robert Monahan
Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.
📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]
🎧 Listen on Apple Podcasts | Spotify
View all episodes
By Robert MonahanProbate Court Comes First
Download Your Free Book: https://tinyurl.com/monahan-estate-book
🎧 Listen on
Apple Podcasts
|
Spotify
In this episode of Estate Planning Confidence, we launch a new feature: the Call-In Corner, where listeners ask real questions. And Bob and Jessica give clear, practical answers.
Nancy’s Story
Our first caller, Nancy, shares a story that surprises many families. After her husband’s death, Nancy walked into the bank, will in hand — the document that named her as executor — only to be turned away. The teller told her she couldn’t access his account until she went to probate court.
Why would that happen? Isn’t that the whole point of having a will — to make things easier and avoid court?
A Will Does Not Avoid Probate Court
As Bob explains: a will does not avoid probate — it guarantees it.
Once the death of a loved one happens, the
probate process
begins. And if your loved one had a will, it needs the blessing of the probate judge to be effective.
In fact, until a probate judge reviews the will, confirms its validity, and formally appoints the executor,
that will is just a piece of paper.
That’s why “Letters of Office” — the official document issued by the probate court — are essential. They don’t just empower an executor; they protect third parties like banks and title companies by confirming that the executor has legal authority to act. Without them, institutions can’t — and won’t — release funds or transfer property.
Plan Ahead for Your Family
This episode lifts the curtain on this hidden but critical step in estate settlement. It’s not about distrust or bureaucracy for its own sake; probate is about protecting everyone involved and making sure that a decedent’s final affairs are handled properly under the law.
If you’ve ever assumed that having a will means you can bypass the court system, this is a conversation for you. And if you’re looking for ways to plan ahead — so your family can avoid surprises like this — you’ll find valuable insights about trusts, joint accounts, and beneficiary designations.
And don’t forget to download your Estate Planning Confidence — your step-by-step guide to getting organized, protecting your family, and putting your plan in motion.
About Robert Monahan
Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.
📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]
🎧 Listen on Apple Podcasts | Spotify