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Avoiding Probate

Mar 15

Exactly how do you stay clear of probate?

This is the phone call: “I recognize that there does not need to be a probate, however I simply had a couple of inquiries”… my reaction is, whoa, hold on.

Whether you have a will or don't have a will, your estate will most likely have to go through the probate process. Especially if there is real estate involved.

Will or no Will?

If there is no will, then your jurisdiction legislation of intestate succession determines how your possessions are going to be distributed. As well as I will tell you, in many cases, you are not going to like the method your properties will certainly be dispersed under your state's regulations.

The best way to disperse is under a will where you can state precisely that you intend to divide your possessions. But the concern is, exactly how do you prevent probate so you can avoid probate costs. 

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Exactly how to prevent probate overall?

The first is be really very persistent in ownership of assets.

So like if you possess your very own home, you might have your house in a joint tenancy with your better half or in joint tenancy with your child.

With Joint tenancy once you pass away, your home automatically goes to the surviving joint tenant. You can establish something comparable in bank accounts and also other types of economic accounts.

Those typically have what is called beneficiary designations. And that just indicates once you pass away, that banks instantly pays out to whoever is designated as that beneficiary. Exact same point with insurance policies. You can state a beneficiary for your insurance coverage.

Once more, as soon as you die, the insurer will pay directly to whoever that beneficiary is. So in really small estates where individuals have like a residence or one savings account or 2 checking accounts, and insurance coverage, establishing your beneficiary designations and your pay on death designations, perhaps that is all you require to do to avoid probate. This is one method to avoid probate but you have to be extremely careful. 

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A Revocable Living Trust

The other method, is to establish a revocable living trust focused estate plan and also place every one of your properties right into the name of your trust. Your successor trustee upon your passing will distribute those possessions according to the terms that you have in your revocable living trust.

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Cortes Law Firm

5801 Broadway Extension Hwy Suite 110

Oklahoma City, OK, 73118

405-213-0856

This article orginal appeared on the Cortes Law Firm's website. This is for informational purposes only and IS NOT legal advise. Always consult and attorney.