What is a probate avoidance trust?

A probate avoidance trust is a type of trust used in California to help individuals and families avoid the probate process. Probate is a court-supervised process that distributes a deceased person’s assets to their heirs. Avoiding the probate process can save a family time and money when distributing the deceased person’s assets. With a probate avoidance trust, the individual who creates the trust transfers their assets into the trust during their lifetime. The trust is established in their name, and when they die, the trust, not the individual’s assets, passes to the heirs of the trust. The assets are then distributed according to the terms of the trust document, without the need for probate. Probate avoidance trusts can also help individuals with reduced mental capacity avoid legal issues associated with an inability to make decisions about their estate. Because the trust is established during the individual’s lifetime, they are able to maintain control of their assets while also providing for loved ones after their death. Probate avoidance trusts can be a powerful tool for California families looking to efficiently and cost-effectively distribute the assets of a deceased loved one. Working with an experienced elder law attorney can help individuals determine if a probate avoidance trust is right for them.

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