Suppose you own a thriving family business which depends for its success on private transactions using sophisticated computer technology. You discover one day that someone has hacked into your computer system, wreaking havoc. The hacker has stolen data, thrown files into confusion, and installed viruses. It will end up taking months and tens of thousands of dollars for you to put your computer system and business back in order.
But you face a more immediate challenge: Who will you retain to protect your computer systems, not just in the future, but right now, as you get back on your feet? You have two persons to choose from: (1) the college-trained computer engineer with years of experience in installing computer security systems or (2) the computer geek who for years has hacked into the most protected computer systems in the world and who now runs his own legitimate computer security businesss. The choice: The university-trained engineer or the sophisticated hacker? The guy with formal education or the guy with street smarts?
Although the analogy may not be perfect, it should be clear. Probate litigators are the guys on the street, in the alleyways, fighting firsthand all the ugliness of planning gone amuck, dealing face to face with dictator trustees, greedy children or spouses, cheating beneficiaries, people expert at rationalizing and manipulating other people or documents or the law. Probate litigators are also the clean-up guys,fixing the devastation resulting from simple mistakes made by decent people who never wanted to learn how asset transfer laws really work.
Probate litigators are the ones who really know what goes down when a person dies. Everyone else, as skilled as they may be as accountants, financial advisors, talk show hosts, or even estate planning attorneys are like your educated computer engineer. They can study all they want about the theory of estate planning. They can know the laws inside and out. They can even draft five thousand wills for five thousand clients. But they still do not know what really happens when a person becomes incapacitated or dies–unless they have actually filed the motions and debated the issues in probate hearings.
Consider the analogy. If you want to really protect your computer systems from hackers, wouldn't you hire the reformed, sophisticated hacker? Who better to protect you from the hackers than the hacker who has successfully hacked the best security systems? Similarly, to stay out of the probate courts, wouldn't you want to retain the guy who intimately knows what people fail to do that leads them into the probate courts? If you want to ensure your estate planning will actually work how and when it is supposed to, then consider retaining an estate planning attorney who has real-life, significant experience in the probate courts.
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