Moving in the right direction

EstateofDenial.com regularly comments on the critical roles that judges play in the disposition of legal cases.  Probate courts are no exception and while these settings (sometimes also called surrogate or family courts) may not be the most glamorous or high profile of legal venues, the decisions made by probate judges can be life-altering for those before the court.  And as estate matters can also come before district or even courts of appeals, people should realize that these judges can also be impactful in the lives of everyday citizens.  Whether ruling on a will or trust that dictates the final distribution of an individual’s lifelong accumulation of assets or a guardianship which controls a person’s overall freedom, judges clearly have serious power.

Tort reform here in Texas has helped bring renewed integrity to the legal process by diminishing frivolous lawsuit actions.  We need to now send a message to elected officials that we want the same upgrade for those involved with our probate systems.

The assets which flow through the probate system and are subject to rulings by judges are significant.  In a large metropolitan area, it can literally be hundreds of millions of dollars.  Even the smallest of counties can see millions of dollars of assets disbursed through their courts.

Probate judges or others ruling on probate cases have the power to defend or destroy property rights and even personal freedom as often exemplified in guardianship cases.  Property rights are one of the foundations upon which this country was built.  The upcoming transfer of wealth projected in the next 20 or so years presents an important opportunity to reaffirm the importance of general property rights and specifically, rights of inheritance.