What does it mean to Avoid Probate?

What does it mean to Avoid Probate?

America's Estate Planning Lawyers

4 года назад

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@et4036
@et4036 - 28.01.2020 08:11

What you failed to mention is the car or house can be held by mr or mrs, therefore either can sell it 🎰.

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@waynephillips-wprealestate
@waynephillips-wprealestate - 04.04.2020 21:10

Thank you. Great video. So it seems like everyone should put their assets in the name of a Revocable Living Trust when they have certain assets like stocks, vehicles and real estate and make sure it is always fully-funded and/or updated as needed prior to death to avoid the probate process, costs, and loss of privacy, right? Is it still necessary to do both the Will and create the Trust? And what would be the downside, tax or otherwise, to have all their assets titled in the Trust name? Thanks in advance for your information.

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@TheMeme191
@TheMeme191 - 13.05.2020 03:00

What’s the different between living trust and transfer on dead?

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@hanatyler654
@hanatyler654 - 18.06.2020 19:38

Thank you, very informative. Unfortunately as an executrix, I’m going through hell with Probate!
Question: my brother was the beneficiary of an IRA, and passed away 11 months after the death of our mother. I am not able to access that now, just was able to get the order from court as an executrix. Also, he was under state care, title 19, how do you deal with that situation? Help

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@charliezumar5203
@charliezumar5203 - 29.06.2020 07:11

My Dad has a car & a truck.Who gets this if there is a trust.We all split it.A home also & a bank account.Who gives my dad a living trust? A living trust atoney.

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@ThinkPinkPersona
@ThinkPinkPersona - 05.07.2020 02:43

Great video!!!!!

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@anyshitt
@anyshitt - 05.08.2020 12:30

I have been binge watching your videos as well. it's 2:00 am. in calif and I saw one of your videos for the first time at 10:00 am yesterday morning. ive have been paying the property tax on my moms house for 3 years, she died Aug of 2018, my name is on both of her checking so i have been paying most of her bill's that way. In june her house caught fire it was almost lost. now the home insurance folks have sent out some checks for the purpose of making us whole/productive. but the checks are writen TO THE ESTATE OF ? And now i find out that the insurance company wont just simply change the name from to the estate of, to mrs bla bla bla ect. Its irony pure and simple, I could not find anything that I needed when I needed it. and a few days after the fire? I found my moms will/living trust. I pretty much gave up looking for this document and or this year car over six month's ago.. And now | find it. and neither one of my moms account will let me deposit the check because it says "pay to the order of The Estate of Marion, the banks do not want to deposit any checks that are titled (to the estate of) my mom has two classic cars too and she told me to avoid anything that sounds like a probate as if its raining. I have an appointment with a lawyer tomorrow. i had a five minute phone conversation with him today and already |I dont trust him, he is to quick to get me toi sign some documents that he wants to send me and and all he wants to do is drag my name through the the murkey waters of PROBATE COURT. i DONT LIKE THIS GUY AND i HAVE A FEELING THAT PROBATE IS NOT THE ONLY OR BETTER OPTION FOR ME..I watch these videos but I find myself just as confused at the end of the video as i was in the beginning?

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@lydialara1544
@lydialara1544 - 17.08.2020 01:51

Thank you my sister in law has no children and is not married. She left a will. And trust. But who is responsible for her house hold items.

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@myriamc2c
@myriamc2c - 19.10.2020 00:17

Thank you for educating us for free.

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@cyannpierce4116
@cyannpierce4116 - 08.12.2020 15:31

Thank you for thoroughly defining Probate.
I am dealing with a CA Resident, Deceased, Unmarried Brother. No children and No Will. He had Ins. 401k, Post office Retirement &
Real Estate.
Along w myself there is 5 Living Siblings. A Sister is the Executer.
Can the Attorney appointed issue a Cashiers Check from 1 sibling to another sibling that says from the Estate of
Gregory Kamali Wong, if his Estate isnt settled?

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@dls300
@dls300 - 01.01.2021 04:32

My main reason to get a Trust done is to avoid frozen assets. My mom's was a mess.

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@PDS5428
@PDS5428 - 28.01.2021 10:51

It sounds like, the government taxes the hell out of you while your living, then has contoured up a way to tax your property again when you die, before your children gets it

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@adamellenburg7397
@adamellenburg7397 - 24.02.2021 05:11

This guy is awesome ✨🙌

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@julhe8743
@julhe8743 - 04.03.2021 18:55

Thank you great information.

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@glammav14344
@glammav14344 - 22.04.2021 15:50

Thank you for your videos! what if the vehicle is in both husband and wife’s name as joint owner’s , the wife decides to keep the vehicle an assumes the loan, does it have to still go thru probate?

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@grandmajane2593
@grandmajane2593 - 27.04.2021 00:56

Interesting. Still, by getting this Trust from your lawyer, you are still causing an expense. So, maybe its cheaper than the cost of probate. Looks like we just ain't getting out of this world for free!

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@rosemariealmero1214
@rosemariealmero1214 - 18.05.2021 15:01

Hi, will there be a trust document or certificate to be shown to the real estate department in order to claim the estate?

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@angelicamichelle1646
@angelicamichelle1646 - 28.07.2021 12:53

What happens to fathers brokerages

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@DalesValor
@DalesValor - 27.08.2021 21:31

Thought dad's portion of the house would automatically go to mom and she could sell it. I'm in CA. Thank you.

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@tisha9221
@tisha9221 - 22.10.2021 16:03

I have a problem getting a lawyer to help me in probate court through legal aid because I don’t have any money can you suggesting

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@lequitaward9265
@lequitaward9265 - 16.02.2022 16:09

Thanks for the info!! This was very helpful!! 👍

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@eideid5668
@eideid5668 - 20.02.2022 21:53

A couple buying a house jointly must put "Right of Survivorship"on the DEED !
A right of survivorship deed is a useful tool to avoid probate. Research "Right of Survivorship "

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@eideid5668
@eideid5668 - 20.02.2022 23:12

Thank you, for your persistent clear explanations on how to avoid the probate court

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@esbiermann62
@esbiermann62 - 14.03.2022 00:00

is estate in my name same as a revocable living trust set up by my attorney?

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@kellydavis8731
@kellydavis8731 - 20.04.2022 21:59

Excellent. In Florida if both names are on the house can't the surviving spouse sell the house without going through probate?
Thanks.

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@sandrafowler1272
@sandrafowler1272 - 13.05.2022 19:59

Love your video's. I learn a lot from the plain spoken language. I live in south carolina and my mother died suddenly before adding me as a beneficiary on her IRA. She was 84 years old. Do I have to take a lump sum distribution? I'm sole heir of the estate and nothing is owed to anyone.

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@pamelafunderburk7706
@pamelafunderburk7706 - 22.05.2022 04:43

Like to see you explain more on personal property distribution. Specific to When there are contesting parties, specifically when No Will has been located scenarios In advance Thanks for all your contributions to this terrifying situation. While I have you here , do affidavits from family members help meaning for example deceased person told several people he did not want his daughter to get anything especially before she died . Short of an official Will in place deceased signed a signed document witnessed by to family individuals and a housing authority rep . That allowed the signed witnesses To take possession of his personal property, there is no real estate to distribute. I plan to stand apply to stand in the place of my deceased family member last wishes. Do you think a judge will hear my plea. And better yet honor it . In whole I seek to contest a succession law in that state. Btw the family member domiciled in another state meaning I am not a resident of the state where she died . I heard that most courts will NOT let next I am next of kin down the line to inherit. No one can seem to advise at probate court if I would be denied but out of duty I guess they are sending applications to apply. . I do understand many of the important fiduciary duties by law thus far. Like them or not. Asked around to family nobody wants Do the Probate Dance . I’d sure feel safer if the court did not result demand a court appointed. The deceased was not married.

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@kellyfontes7757
@kellyfontes7757 - 07.07.2022 19:21

From State to State how different is the probate process.

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@amb123.5
@amb123.5 - 20.08.2022 03:20

Good info

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@jodimaw7374
@jodimaw7374 - 17.09.2022 23:57

Unless the crazy wife does a survivorship transferring the deed in her name only dropping off his name off

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@alz123alz
@alz123alz - 27.09.2022 00:38

THANK YOU, THANK YOU, EXCELLENT,

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@johncash3854
@johncash3854 - 05.10.2022 16:53

"What's is it mean!?"

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@justelectricllc
@justelectricllc - 06.10.2022 01:10

Thank you so much!

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@nunya3461
@nunya3461 - 13.12.2022 01:40

Hmmm sounds like the courts were just trying to ensure quite literally ANY possible situation doesn’t happen the way it’s not supposed to happen. Which I suppose is a good thing when greed is so out there in the world.

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@buckmaster7185
@buckmaster7185 - 06.02.2023 20:27

We see touting of Revocable trusts by lawyers but few drawbacks. What is the effect on ad valorem exemptions (often a big tax discount - for personal domicile) by transfer of a residence to a non-human [fictitious entity - cite cases]?

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@sascotttx5145
@sascotttx5145 - 18.02.2023 12:58

In the State of Texas, all vehicle titles have a Rights of Survivorship agreement at the bottom that can be filled out to avoid probate for the vehicle. No lawyer or court personnel required. Or you can just leave it blank. Most people don't even know it's there.

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@bootyiman
@bootyiman - 10.05.2023 07:29

Awesome explanation? Thank you so much this helped me a lot and help Understand this process even more thank you.

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@anthonybuchicchio5999
@anthonybuchicchio5999 - 09.09.2023 16:02

Thought if he died all his assets transfer to his spouse.

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@anthonybuchicchio5999
@anthonybuchicchio5999 - 09.09.2023 16:17

What state is he in ?

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@paulc2548
@paulc2548 - 16.09.2023 00:36

I really appreciate you sharing your knowledge with all of us out here. Your videos helped me understand what is a will, what is a trust, and so on and so forth. Just want to say "Thank you"!.

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@stevenkalavity9879
@stevenkalavity9879 - 16.09.2023 19:30

There are problems with Trusts too with regard to Trustee actions/behaviors.

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@robertdean6222
@robertdean6222 - 30.01.2024 01:06

Great presentation. How do I open up a trust and still have control so my kids don’t underhandedly take my cash ?
It can happen !
Would a revocable or irrevocable trust help in anyway ?

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@robertcwalkeriii6267
@robertcwalkeriii6267 - 12.03.2024 00:22

REAL Estate Probate

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@Medmann48
@Medmann48 - 19.05.2024 20:56

My Dad is 87 Years old & not doing well. Dad has NO property & is in a Nursing home. He does have Mutual Funds/IRA's with an Invest firm & all of that money has beneficiaries attached to it.
Do I have to probate his estate eventhough his money is all spoken for? (I am Dad's executor & there is a will)

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@celiamorgan7479
@celiamorgan7479 - 15.06.2024 17:12

My mother put someone on all her checking , savings, bonds , but on my dads money left from his life insurance policy was put into a account by the life insurance company and she filled out her daughters as the beneficiaries.. she only has one checking account with 25.00 dollars in it left with no name on it to pay for caregivers. So the one account with just beneficiaries on it does this have to be probated ?

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