By Sherri Lund
In the inaugural episode of The Probate Podcast, guest host Jen Gaudet interviews Sherri Lund. Sherri is the founder of Willow Wood Solutions and helps individuals and families as they navigate probate and settle their estates.
In the podcast, Jen and Sherri discuss gaps in the probate process that lead to confusion, create overwhelm, and waste the estate’s money.
This article goes deeper to answer these questions:
What is probate?
What are the four probate gaps?
What problems do these gaps create for families in probate?
How can I simplify probate, save money, and stay sane as I settle an estate?
What Are The 4 Probate Gaps?
Probate caught me by surprise. Personally, I've been through it three times with family, but this time was different. Let me explain.
A young man asked me over to discuss his house. (Let's call him Paul.) It was in foreclosure and scheduled for auction in 12 days unless we could stop it. He was friendly and young and on disability. He had no idea what was coming. Then his words shocked me: he inherited the house from his parents.
I turned around to see boxes, teapots, and silk flowers. Big dogs and cats roamed around, and grass buried the bar-b-que pit. And my priorities changed.
There was more than enough to do here before the auction before I figured in old probate issues. And the auction was in 12 days. Paul needed answers now.
What would happen to him?
Where could he and his pets go?
How could he afford to move?
And how can I help?
My experience with Paul exposed four probate gaps:
The Information Gap
The Language Gap
The Assistance Gap
The Timing Gap
Each gap reveals things we don’t know about probate. And those unknowns create stress and costly mistakes when settling an estate.
We’ll look closer at these gaps, but first, let's define probate.
What Is Probate?
Probate is a legal process that transfers ownership from someone who died to someone else.
If they leave a Will, their Executor will do their best to liquidate the estate according to the Will.
If they die without a Will, debts still need to be paid, and property disbursed to the proper people. Instead of an Executor, the probate judge appoints an Administrator to oversee things.
The phrase Personal Representative can describe anyone in charge of an estate, including an Executor, Trustee, and Administrator.
What Makes Probate So Hard?
Probate is challenging for several reasons:
It's a legal process, so the vocabulary sounds foreign.
Probate begins when someone dies, so emotions are high.
People avoid end-of-life topics, so probate remains mysterious.
Probate takes months and often years to complete. People get weary and bogged down in the process.
Some estates can avoid probate, but the property still needs to transfer correctly to a new owner.
Within an hour of meeting Paul, I uncovered the Information Gap.
The Information Gap in Probate: Where can I find probate information fast?
When I met Paul, his name wasn't on the county records, and the lender wouldn't give him information. Neither Paul nor his lender knew the right questions to ask. Everyone was frustrated.
The first thing Paul needed was accurate information. Did he legally own the house? Was the estate properly probated? What was the lender asking for?
I spent hours trying to get good information for Paul. I contacted professionals and researched online. It takes time to find good probate information under pressure.
Action Steps to Close The Information Gap:
Learn what you can about probate before you need it. Attend workshops, ask questions, and listen to podcasts.
Familiarize yourself now with general information about how people settle estates.
The Language Gap in Probate: What do I need to know?
Another probate gap surfaced as I talked with Paul and the professionals: I didn't know the language.
Probate is a legal process, and the terms sound foreign. However, we need to know the language to ask good questions.
Action Steps to Close The Language Gap:
Make sure your information is from reliable, up-to-date sources. Things change over time, so even if you have an estate plan in place, it’s a good idea to review it now and then with your attorney and financial advisor.
Probate varies from state to state and even between counties. Ask questions that pertain to your county and state.
We helped Paul get a new start, but I couldn't stop thinking about other people that are overwhelmed in probate:
A young widow with two children purchased a cute suburban house with her husband. How can she afford it now as a single mom? And who cares for her?
A woman in her 80s was confused about finances. Her husband managed everything - she didn't know how to write a check. What does she do now?
A young man lives out of town. He inherited his dad's estate, but his stepmom lives there. How does he access his inheritance?
Meeting Paul and other people revealed the Assistance Gap.
The Assistance Gap: Who can help me?
When a Personal Representative is neck-deep in grief and the to-do list is long, it's normal to ask, Can anybody help me with probate?
Settling an estate is not a cookie-cutter process. Every person has unique needs and questions, and it's easy to feel overwhelmed. You can relieve pressure and make progress with the estate by asking for help.
Who can help me probate my estate?
When you want help with probate, first consider the kind of assistance you need.
There are two kinds of people:
People who are qualified and will get the job done
People who add stress and drama
Save yourself time and heartache. Choose the right person for the job.
Prioritize the work, then consider who would be a capable person for that task. Recruit people that bring relief rather than someone who will add stress.
Sources of help in probate:
1. Family and Friends
Family and friends can work on estate projects, saving you money. They can also slow down the process if work and school schedules limit their availability.
2. Attorneys
Attorneys fill a critical role in probate, but they are expensive. People assume they handle everything. Attorneys do not typically handle practical probate tasks even if you can afford them.
What is your timeline, and what are your priorities?
Action Steps to Close The Assistance Gap:
Save your sanity and ask for help from the right people.
Delegate tasks to capable people to streamline your case.
Life doesn't end when probate begins. Having trustworthy help frees up the Executor's time so they can have a life outside of probate.
Because probate takes so long, they can have a baby, change jobs, or take a vacation. With assistance, the probate case will continue if they need to step away.
This leads us to our final probate problem, the Timing Gap.
“Life doesn’t end when probate begins.”
The Timing Gap: How long does probate last?
Every gap in probate creates confusion and stress. Gaps exist because essential information is missing, and the timing gap is no exception.
People ask, how long does probate last? The dictionary says probate ends when the judge says so, but an Administrator may say something else.
Some estates still need to be settled even though the court proceedings are done.
Take Paul's situation, for example. His probate case followed proper procedures in court, but it was never really finished. Someone didn't update the county records, and the lender didn't see him as the current owner. Because things were left undone in this estate, they created significant problems for Paul on top of a foreclosure and major move.
There isn't a word or phrase in the industry that describes the season between the last day in probate court and when the estate is fully done.
Action Steps to Close The Timing Gap:
Know the correct probate terms when asking an estate question. Probate is completed when the judge is satisfied with the legal proceedings, but there may still the things for the Administrator to complete.
Some estates are liquidated in a timely manner, but others drag on for a decade or more. One family mowed the grass for ten years before finally emptying and selling the house. The estate went unsettled that entire time. Yikes!
The sooner you settle the estate, the sooner you can release the weight of that liability. It feels good to clear that off your plate. You'll save time, money, and sanity.
“Someone said probate found me, and I have to agree. In meeting Paul, I saw an incredible need. Four probate gaps match my work experience, and we address each one through Willow Wood Solutions.” —Sherri Lund
My experience with Paul exposed four probate gaps that I couldn't ignore:
I saw the informational gap and got busy. First, I educated myself; then, I wanted to help others. The language gap shrank for me as I learned about estate planning, wills, and trusts.
I became a Certified Probate Expert, reactivated my real estate license, and founded Willow Wood Solutions. We focus on the Personal Representative and anticipate his or her needs to minimize stress and overwhelm.
My life coach training addresses the timing gap. Coaches listen without judgment, help people gain clarity, and make progress toward their goals.
Since meeting Paul in January 2022, Willow Wood Solutions released the following probate resources in Greater Houston, Texas, and beyond.
Blog posts and free resources are on the website.
Houston Probate Support is a free Facebook community.
The Probate Podcast interviews professionals on probate and estate planning topics.
A tremendous network of over 100 vetted professionals is available to help.
Now if a widow or adult son needs something, they don't have to figure everything out. Executors can make one phone call to Willow Wood Solutions and relax. They can delegate, then tend to more important things.
We can sum it up with words from the inaugural episode of The Probate Podcast:
"When going through probate, remember that you matter. You don't have to go through this hard season alone. You'll feel supported with the right people in your corner, and amazing things can happen."
If you want to understand probate better, know how to save money, and settle your estate faster, I can help.
I offer a complimentary 20-minute call that’s easy to set up. Click the button above and share a few details about your situation. We’ll take it from there.
I hope to hear from you soon!
Sherri
Jen Gaudet is the guest host for The Probate Podcast, Episode 1. Jen is a best-selling author, engaging speaker, and seasoned coach who is strong in strategy and implementation. She balances these qualities with an understanding of health and well-being. Her energetic and holistic outlook on business and life makes her the perfect person to interview Sherri about why she started The Probate Podcast and Willow Wood Solutions.
Here’s the Podcast Link:
Building the Probate Toolbox - Listen in on a candid chat when Jen Gaudet asks Sherri Lund why she helps families going through probate.
You might also enjoy this podcast:
Navigating Wills & Inheritance - Learn tips to avoid probate pitfalls with probate attorney Emily Taylor.
If you found this article helpful, I'd love to hear from you!
Sherri Lund is a Certified Probate Expert, Life Coach, and mental health advocate. As the owner of Willow Wood Solutions, she uses her extensive training to provide thoughtful and compassionate guidance to Texas families in probate.
Disclaimer: Please note that Sherri Lund and Willow Wood Solutions do not offer legal services. Any information in this article is offered for educational purposes and should not be misconstrued as legal or medical advice. We recommend you seek the advice of an attorney, CPA, or tax attorney regarding any decisions about your probate in Texas.
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