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Avoiding Probate Helping Older Persons With Legal & Long-Term Care Problems 1. What Is Probate? Probate is the legal process of administering the estate of a deceased person in Probate Court, resolving
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01
Start by gathering all relevant documents: Gather important documents such as property deeds, bank account information, investment statements, insurance policies, and any other assets that may be subject to probate.
02
Determine the best estate planning option: Research and consult with an estate planning attorney to determine the best option for avoiding probate in your specific situation. Common options include setting up a living trust, establishing joint ownership, or designating beneficiaries for certain assets.
03
Create a living trust: If a living trust is the chosen option, work with an attorney to create the trust document. This document will outline the assets you wish to transfer into the trust and the designated beneficiaries or trustees.
04
Transfer assets into the living trust: Follow the instructions provided by your attorney to transfer ownership of assets into the living trust. This typically involves changing the property deeds, updating beneficiary designations on accounts, and re-titling assets.
05
Update beneficiaries and joint ownership: For assets that do not require a living trust, update beneficiary designations and consider joint ownership with right of survivorship. This can help ensure that these assets transfer directly to the designated beneficiaries or the joint owners upon your passing.
06
Review and update regularly: Schedule regular reviews with your estate planning attorney to ensure your plan is up to date with any changes in personal or financial circumstances. This will help ensure that your assets are properly protected and that your wishes are followed.

Who needs avoiding probate - pro?

01
Individuals with complex or valuable assets: Those with complex estates or valuable assets may benefit from avoiding probate to minimize the costs, delays, and privacy concerns associated with the probate process.
02
Individuals concerned about privacy: Probate proceedings are considered public records, which means anyone can access information about your assets and beneficiaries. Avoiding probate can protect the privacy of your estate and beneficiaries.
03
Individuals who want to control asset distribution: Avoiding probate allows individuals to have more control over how their assets are distributed after their passing. This can be particularly important for individuals who want to ensure specific individuals or charities receive their assets.
04
Individuals who want to minimize costs and delays: Probate can be a lengthy and costly process, often taking months or even years to complete. By avoiding probate, individuals can minimize costs associated with attorney fees, court costs, and executor's commissions, as well as reduce the time it takes for beneficiaries to receive their inheritances.
05
Individuals with blended families: Avoiding probate may be beneficial for individuals with blended families who want to ensure their assets are distributed as they wish, particularly if they have children from previous marriages or relationships. This can help prevent potential conflicts or disputes among family members.
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Avoiding probate is the process of transferring assets upon the owner's death without the need for court involvement.
Anyone who wants to simplify the transfer of their assets to their heirs without going through the probate process.
To avoid probate, one can use strategies such as setting up a revocable living trust, naming beneficiaries on accounts, and jointly owning property.
The purpose of avoiding probate is to save time, money, and maintain privacy in the transfer of assets after death.
Information such as a list of assets, beneficiaries, and the chosen method of transfer must be reported when avoiding probate.
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