by Legacy Plan May 20th, 2016
Summary: Many people have avoiding probate as one of their estate planning goals, for good reason. Many of those desiring to avoid probate have become somewhat familiar with revocable living trusts, which are an effective means for avoiding probate. However, multiple other tools exist for avoiding probate, including pay-on-death or transfer-on-death financial accounts, life insurance, annuities and, in some states, transfer-on-death deeds. Each option has a unique set of advantages and limitations. A qualified legal professional can help you decide which is right for you.
When it comes to estate planning, a lot of people have heard of a trust in general. They may be familiar with certain types of trusts, like the revocable living trust.
One well-known means for avoiding probate is the revocable living trust. These trusts can be great tools for accomplishing your probate avoidance goals, because the trust serves as a legal entity that (if all the proper steps are taken)
owns assets for you, meaning that, when you die, your wealth is managed through the trust instead of your probate estate. Living trusts can also provide other benefits, such as ensuring the continuity of the management of your
assets if you become mentally incapacitated. With a trust, your successor trustee can, in most cases, seamlessly take over these management duties without the need for a guardianship or conservatorship court proceeding, which can
be stressful and time-consuming.
But, did you know that revocable living trusts are not the only way to avoid probate? In some cases, you may be able to own millions of dollars of assets and not need a trust to avoid probate. Life insurance policies and other insurance
products (like annuities) have death beneficiary designations on them. Many bank, investment or other financial accounts can be structured to have “pay on death” or “transfer on death” designations placed on them. Some states have
transfer-on-death deeds, which allow you to place a death beneficiary on real estate that you own in those states. Other states recognize the enhanced life estate deed, which is somewhat similar to a transfer-on-death deed in that
the property covered by that deed passes, upon the death of the owner, to a named beneficiary without the need of a probate administration. In each of these cases, the process of placing those assets into your beneficiaries’ hands
is simple, requiring only the death beneficiary paperwork, proof of the beneficiary’s identity and a copy of the death certificate.
These death beneficiary accounts are not without their own risks, though. They will not provide any protection if you become mentally incapacitated. Additionally, if you desire to make major changes to the distribution of your wealth
(perhaps due to a divorce or remarriage,) you must take care to update each individual beneficiary designation.
This article is published by the Legacy Assurance Plan and is intended for general informational purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. You should consult with an attorney regarding any specific questions about probate, living probate or other estate planning matters. Legacy Assurance Plan is an estate planning services-company and is not a lawyer or law firm and is not engaged in the practice of law. For more information about this and other estate planning matters visit our website at