Avoiding Probate Court

 

When a person passes away, their property and other assets are distributed in probate court. This process can be extremely lengthy, expensive, and emotionally taxing endeavor for a deceased person’s loved ones to endure. Fortunately, avoiding probate court is doable, if a person pudt in place certain measures prior to their passing to ensure the smooth transition of their possessions to the people they choose, without the need for probate court involvement. This is accomplished by creating a thorough estate plan with the assistance of a professional probate attorney.

At Werner Law firm, our attorneys can guide you through the appropriate legal channels of drafting and maintaining a legally sound estate plan. Our firm has helped countless clients since 1975, gaining an impressive collection of awards and accolades in the process. Having been named “Attorney of the Year” by the SCV Bar Association and five consecutive “Best Of” SCV awards, our experienced attorneys are equipped with the knowledge and experience you need to help you plan for your future with peace of mind.

What Is a Living Trust?

One of the most useful estate planning tools that can be utilized for avoiding probate is a living trust. Acting in a similar fashion as a person’s will, these legal entities allow you to name a chosen beneficiary, or a successor trustee, to receive your possessions at the time of your death and provide instructions as to how your assets should be managed. A living trust can be used for the transfer of the following assets:

  • Property
  • Bank accounts
  • Vehicles
  • Stocks

If you so choose, a living trust can be revoked or changed while you are still alive to accommodate for any major life changes or property transactions. As long as you are the trustee, you can manage your property however you like. A beneficiary can be nearly anyone, including spouses, children, siblings, friends, and relatives. Once they receive your assets, they will be free to distribute them as you have instructed without the need for probate court. Avoiding probate is completely possible, with the assurance of a living trust.

Avoiding Probate by Planning for Your Future

If you should unfortunately pass away without having created an estate plan, the courts will be left to determine how your assets will be distributed. Since the courts would have no knowledge of your true desires, it is highly likely court’s decision will deviate significantly from what you would have wanted.

At Werner Law Firm, our dedicated probate attorneys can help you establish the appropriate wills and trusts to ensure that this does not happen, allowing you to prepare for many of life’s “what if” scenarios with confidence and security. Contact us today to schedule a free consultation so we can explore your situation and determine which legal option are best for you.