Why Avoid Probate with Living Trust? A person who has considerable properties should start to plan who he/she would like to pass on those properties and assets to and what should be done with it in the event of death. That is because when he/she dies, his/her assets and properties will undergo probate (Probate in Newhall). Probate is the legal process wherein the court decides who gets that dead person’s properties. If that dead person was able to draft a will before he/she dies, that document will also have to be probated.
Probate has to be avoided because of the dreadful problems that will come with it. First, the heirs will spend additional legal fees (for the attorney, the court, the appraisal). Second, it will take years before the properties are distributed among the heirs. When there is a will, the courts will have to access its validity. If there are people who contest the will, the process gets longer and more stressful. Third, the public is entitled to look at the probate records; therefore the privacy of the owners and heirs can be invaded.
To avoid these kinds of problems that come with probate, a person should consider making a living trust instead of a will. With a living trust, an assigned trustee (instead of the courts) is tasked to give out the properties to the people concerned (beneficiaries). With this kind of strategy, legal costs are lesser, the length of time for the distribution of property is shorter, and there is more privacy for the people concerned.
Directions to Daniel R. Mortensen
MORTENSEN LAW OFFICE
Tax, Trust & Probate Attorneys, P. C.
22807 Lyons Avenue
Newhall, California 91321
(661) 799-8838 fax
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