How To Prevent Probate with Living Trust? When a person dies, his/her property will be probated. Probate is the legal process of distributing properties to the intended heirs. The bad thing about probate is that the heirs will have to spend a lot of money, time, and energy into this process. Some people thought that the process will be easier when there is a will. However, it even gets more complicated when there are other people who challenge the veracity of that will and have a claim to the dead person’s inheritance. Furthermore, legal probate court can be viewed by the public, so it is possible for an invasion of privacy as far as properties are concerned.
To avoid this kind of problem, it is more prudent to make a living trust in place of a will. A living trust is a legal document that clearly defines who is the grantor (and often times, also the trustee) of the trust, and its beneficiaries. Properties can be given while the grantor is alive is dead, or if the grantor is dead, the successor trustee can distribute the properties. With this kind of arrangement, heirs do not need to go to probate courts.
To make a living trust, a person has to make a living trust document (also called a declaration of trust). Then he/she must transfer the properties (real estate, bank accounts, jewelry, business ventures and investments, art collections) in the trust. After the document is made, it must be kept in a safe place for future reference.
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