On May 11, 2026, at the monthly FCNC meeting, Joe Buckles, attorney at law (859-225-9540), gave a presentation on wills, probate, and the risks families face when property passes without a plan in place.
His core message was that dying without a will can create long-term problems for families, especially when real estate is involved. When someone dies intestate, ownership of property can be split among multiple heirs in fractional shares. Over time, as those heirs pass away without clear estate planning of their own, ownership becomes more and more divided across generations. That can leave families in situations where many relatives have partial interests in a property, making decisions difficult and increasing the risk of disputes.
Buckles explained that this kind of tangled ownership can have serious consequences. Even one person with a fractional interest may be able to force a sale through a partition action. Delinquent property taxes can make matters worse, because tax claims may be sold to third parties who then have legal tools to push a sale of the property. In this way, lack of estate planning can contribute directly to the loss of family property and neighborhood displacement over time.
He encouraged property owners to think about wills as a practical tool for protecting their families. He emphasized the value of a properly executed, self-proving will, which is signed before a notary and two witnesses at the same time. He also advised people to keep the original will themselves in a safe and accessible place, rather than relying on a lawyer to hold the only copy, and to make sure trusted family members know where it is stored.
Buckles also tried to demystify probate. He noted that probate is often portrayed negatively, but he described some of its features—especially public disclosure—as beneficial because transparency can reduce confusion and disputes. He said probate typically takes at least seven months because of the creditor claim period, and he urged people to discuss legal fees upfront, since fees can become a major issue if they are not clearly understood in advance.
Another major theme of his presentation was skepticism about the routine use of trusts. Buckles argued that many middle-class families do not actually need complex trust structures and that trusts are sometimes marketed as status symbols rather than practical necessities. He warned that they can create unnecessary complications and may operate without the same level of public transparency as probate. At the same time, he acknowledged that trusts can serve real purposes in particular circumstances, such as planning for a child with special needs, creating spendthrift protections, or setting specific controls on how assets are used.
In summary, for most families, simple and properly executed estate planning can prevent confusion, reduce conflict, and help preserve property across generations.
**Joe’s Top 10 Probate Tips**
1. Discuss lawyer fees upfront (up to 5% of estate legally allowed) 2. Keep original will yourself, not with lawyer
3. Don’t name lawyer as executor unless close personal relationship 4. Wills don’t have to be expensive
5. Taxes largely irrelevant for most estates (huge exemptions) 6. Don’t give estranged child $1 (creates administrative burden) 7. Probate disclosure is feature, not bug (transparency prevents disputes) 8. Estate value doesn’t increase administration costs
9. Most people don’t need trusts (middle-class status symbol) 10. If you don’t understand it, don’t sign it
– created from notes taken by AI app, edited by human, Addison Hosea