How can I protect assets from probate?

Protecting assets from probate can be a complex process, depending on the circumstances. Generally speaking, assets can be protected from probate through the use of revocable and irrevocable trusts, as well as through beneficiary designations and joint ownership. Revocable trusts are created when the grantor, or the individual creating the trust, puts their assets into the trust. This allows for control over how the assets are distributed upon their death. Irrevocable trusts, on the other hand, cannot be changed or revoked once they are finalized. By placing assets into an irrevocable trust, the grantor will no longer own the asset, therefore bypassing the probate process. Beneficiary designations are also useful tools for protecting assets from probate. When making a beneficiary designation, the grantor names whom they’d like to inherit a particular property upon their death. This property is then transferred directly to the beneficiary without going through probate. Another way to protect assets is to give others joint ownership. This option is only available if the joint owner has a legal right. For instance, if you and your spouse own a house together, the surviving spouse will automatically own the house following the death of the other without the need for probate. It is important to note that estate planning should always be done with the advice of a probate attorney. They can provide advice tailored to an individual’s specific situation and help simplify the process of protecting assets from probate.

Related FAQs

What is the difference between a will and a codicil?
How do I know if someone has made a valid will?
How do I create a trust for my beneficiaries?
What happens if the executor of a will dies?
Who should I name as executor of a will?
What happens when a will is contested in court?
How do I execute a durable power of attorney?
How are payments distributed through probate?
How can I find a good lawyer to help with my will and probate matters?
Are there any limitations on what I can give away in a will?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023