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» If I Ran the Cook County Probate Court

Cook County has a pretty major backup in the probate area -- four judges now handle all decedent's estates cases. That's a lot, considering that they handle new cases as well as ones that are dragging on from prior years. As a result, the timeframe for opening an estate has expanded. If I file a petition right now, I may not be able to get a court date for another 4 (or 5 or 6) weeks. Not to mention the fact that, when you go into court, you typically have to wait for an hour or more to have your case called.

If I ran the Cook County Probate Court, my solution to the above problem would be computer filing of "non-contested" estates. I'd estimate that at least 80% of all probate cases in Cook County are open and shut -- no one is contesting the Will, and everyone just wants the probate process to move along as quickly and easily as possible. In cases like that, I would allow the attorney to file all court papers to open the estate via e-mail (as PDFs). The attorney would have to indicate that the PDFs are true and correct copies of the original papers (which are in the attorney's possession).

Perhaps one additional judge could be hired to handle computer filing (review and issue orders). His or her salary could be paid by a $100 "convenience fee" charged for computer filing. It seems to me that everyone wins:

1. Non-contested estates get processed more quickly and more cheaply (you'd rather pay a $100 convenience fee than pay an attorney to sit around in court for hours at a time at $200 or more per hour).

2. The other judges are freed up to handle the contested estates, which are also processed more quickly and more cheaply.

[added 3/18/08: Another idea, based on my observation of court this morning -- a LOT of court activity involves attorneys asking for routine continuances, which are of course routinely granted. Again, if the parties agree and a judge agrees, why do the attorneys need to sit around in court -- wasting their time and their clients' money -- waiting to be heard? Can't the additional judge mentioned above handle these situations too?]

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» Facebook and "My Own Last Wishes"

I've been spending a lot of time on Facebook lately, as my classmates and I reconnect and make plans for the (gulp) 20th reunion of the Marshall (Michigan) High School Class of 1988, this summer or fall.

As you may know, Facebook allows you to add applications to your profile page -- for photos, music, something called SuperPoke (don't ask), etc. Anyway, one of the applications is something called "My Own Last Wishes." Here's how it is described by its creators:

If you died tomorrow, would your family or friends know what your own last wishes would be? Would they know if you wanted to be an organ donor or what to do with your beloved pet? Would they know whether you wanted to be cremated and your ashes scattered on your favorite hiking trail or if you wanted to be buried dressed as Elvis, along with your prized bowling trophy, and accompanied to your gravesite to the strains of “Blue Hawaii”?

‘My Own Last Wishes” lets you give your family and friends a roadmap for your final journey and more.

I know that "My Own Last Wishes" is really just like any other application -- it's intended to waste a bit of time on the internet. But you can probably see the problem with this, can't you?

-Very few Americans have a Will. Presumably (hopefully) they understand that they need one, and that "My Own Last Wishes" is not a substitute for one. This doesn't create a legally-binding document.

-I also question whether "My Own Last Wishes" can even do what it says it's trying to do: "give your family and friends a roadmap for your final journey and more." How does your family know that you are on Facebook? Or know how to access your account? Or know that Facebook is where you listed your last wishes? And will they find all of this out soon enough after your death to cremate you, or bury you like Elvis?

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Estate Planning Attorneys Julian : Probate & Elder Law Attorneys in Julian, NE

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Pickens Daubman & Green, LLP

TEL (402) 393-6688 |  Omaha, NE

TEL (402) 393-7400 |  Omaha, NE

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