Question 18: Can I keep heirs from probate?

  • How can I keep my heirs from having to go through probate? Besides setting up a Living Trust, there are a few other ways to avoid probate.  The property can be set up with a joint tenancy or a life estate form of ownership.  Bank accounts and securities investments (stocks and bonds) can designate a “payable on death” beneficiary.  A married couple can sign a devolution agreement.  Or the property can be given away to friends of family prior to death.  Unfortunately, these alternatives usually have significant adverse tax or other implications.  A person should confer with an attorney before deciding to use one of these options in order to avoid probate.
  • For additional information, see Blog entry here.

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