Does Every Estate Need Probate?
Probate is a word that strikes fear into the hearts of many families when they learn that they will have to go through the process. There can be delays and hassles before an estate is finally able to be closed and the property transferred to the heirs. Not every estate has to go through the probate process.
Probate is the name for the legal process that validates the will and transfers title in the property to the heirs. If the property has already been transferred, there is no need for probate. Specifically, if a trust has already been established, probate would not be required. The trust is already in operation and holds title to the property. As soon as the trust is established and funded with property, it becomes the owner. When the grantor dies, the trust continues in operation as the owner of the property in accordance with its terms.
Besides keeping your family out of probate, there are numerous other benefits offered by a trust. You can take care of a loved one based on your own terms and how you want. However, you must act when times are good to establish a trust if you want it to be effective when you need it. An experienced estate planning attorney can help you review your options and execute the trust documents. Then, you can have peace of mind knowing that your family will not have to deal with a complex legal process during what is already a difficult time in their lives.
Contact a Boca Raton Estate Planning Attorney
The attorneys at Rubino Findley work with families like yours to find solutions that work for you and your circumstances. To begin work on your estate plan, or to update an existing one, contact us online or call us today at 561.781.8250.