Re: does this make sense probate law
Sorry to hear about your and everyone else's losses of loved ones and related problems.
It is a little late to help you all, but maybe this will help people that will be facing this in the furture:
My father was, amongst other things, a Probate Judge years ago, and he always recommended that people do everything they could to prevent their heirs from having to deal with him or any other dang lawyers, judges or bureaucrats.
We all have our financial holdings were set up as TOD (transfer on death) or POD (pay on death). It is really easy to do, usually doesn't cost anything, and usually only requires a signature or sometimes just a phone call. On SOME types of property you may need a notary, or maybe even a couple hours of paying a lawyer, but most people can get by without.
You can do the TOD or POD to anyone you want, and if you set it up right, you don't need a will and can still avoid all the legal hassles of dying and the squabbling of heirs.
State laws vary quite a bit, but at least that is the way it is here in NM.
A lot of people are unaware of these options, and a lot of people just don't want to face their own mortality, so they don't want to even think about this kind of stuff, much less actually act on it, even if they know about some of the options.
But if you care about the people that will be around after you are gone, spending a few hours or days now will save them months, if not years of legal and bureaucratic hassles.
Every adult should also have a "Living Will", though, and file a copy with your primary doctor, all of your immediate adult family members, and your lawyer if you have one, to tell everyone involved what you want should you become seriously incapacitated or comatose.
If poor Terry Schaivo had had one on file, HER own desires would have been followed, not those of her husband, lawyers, judges, politicians, media hacks and fifty million "busybodies"..