How do you avoid probate costs for assets listed on a will?
The
truth is this is hard. There are costs no matter how you look at it - if you do
estate planning you can usually avoid a lot of expenses. If you're anything like me, you've probably
considered the cost of probate to be high, and it's not something that anyone
wants to think about when they're planning their estate. But how do you avoid
probate costs for assets listed on your will? The easiest way is to list assets
not on your will in an alternate document—like a living trust. A living trust
is a legal document that splits assets between the people who are going to
inherit them, rather than the assets going through probate. It's especially
useful for assets that have been given to children with guardianship over them
while they're minors since those will pass directly to them when they turn 18
or 21 and aren't eligible for probate anyway. For example, if you give a house
to your children as part of their inheritance, but have them live in it until
they are adults with jobs and finances of their own, it makes sense to put the ownership
of it into a living trust so that they can move right in as soon as they get it
without having to wait for it to go through probate.
Probate costs can be avoided altogether by using an asset protection trust, which allows the creator of the trust to maintain control over his or her assets after death as if they were still alive.
Parklin Law LLC
5772 West 8030 South, Unit N206
West Jordan, UT 84081
(801)
618-0699
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