Many people feel overwhelmed when they think of estate planning. This is especially true regarding probate, which is how assets are distributed when someone dies. Probate is expensive and can take months or years to complete, depending on the complexity of the estate. Many choose to implement various strategies to avoid probate altogether and save their beneficiaries the headache of going through the probate process. Understanding the options available is crucial, and an attorney can ensure that you take all necessary steps to allow your estate to avoid the costly probate process. This article will discuss different ways to avoid probate and how to provide your beneficiaries peace of mind.
The Downsides of Probate
Probate is the procedure courts use to authenticate a will, if there was one, or to distribute assets per state intestate law, if there wasn’t a will, or if the will was held invalid. This procedure is court-supervised and can take anywhere from a few months to several years, depending on the facts of the case. Probate ensures that estate debts are paid and that heirs or beneficiaries receive their intended assets.
Probate is mandatory for many instances but can be avoided if the proper steps are taken in advance. Here are a few reasons why you should try to avoid probate:
Expensive: Probate is expensive in Louisiana, especially if the estate is significant or contested. Numerous fees are involved, such as court costs, executor fees, legal fees, and potentially expert and appraisal fees.
No Privacy: Everything that happens in a probate matter is public record. Anyone can view your property and debts and see who received your assets.
Time: The probate process can take months or years in cases requiring litigation or court appearances. Beneficiaries will have to wait longer to receive assets.
These are a few reasons many people use estate planning to avoid probate.
How to Avoid Probate
Revocable Living Trusts
You’ve likely heard of using trusts to avoid probate. A revocable living trust is an estate planning tool that offers flexibility and is established during the individual’s lifetime. Assets are transferred to the trust and managed by a trustee. The named trustee must follow the trust’s instructions and deliver the assets to beneficiaries. In Louisiana, a revocable living trust can be altered if the trust’s creator, the grantor, is living.
Revocable living trusts are an excellent choice for Louisiana residents who want to maintain control over their assets, avoid probate, and remain flexible with their estate planning.
When to Consult an Attorney
It’s essential to consult with an attorney as soon as you decide to begin estate planning. An attorney can explain the different ways to avoid probate when you die and help you choose the best options. This is especially true if you have a blended family, young children, or a complex family situation that could make estate planning difficult on your own.
An estate planning attorney is a valuable partner who can review your estate and family dynamics and help you select a course of action to protect your family while you live and when you die. Consulting an estate planning attorney is the best way to ensure that your estate plan meets state laws and will give you peace of mind in knowing that your family is safe and protected even when you’re not around.
Contact an Attorney
Progeny Law Firm assists clients with estate planning in Baton Rouge, LA. Call (225) 465-1090 or contact us online for a free consultation. You can also sign up for our free educational seminars.
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