Wednesday 7 September 2016

How a probate lawyer can help you avoid probate easily

Probate is basically a court supervised procedure which involves setting a deceased individual’s financial and personal affairs.  During the process of probate, a representative who is already appointed will collect the deceased person’s bills, assets and then distributes them to the heirs.  For a lot of people, it may make more sense to avoid probate and directly the assets to the heirs or beneficiaries.  But in order to make this possible, one has to hire probate lawyers Fairfax VA and also follow some tips, which are given as follows:

1.    Create a revocable living trust

One of the best ways to avoid probate easily is to create a revocable living trust.  This kind of a living trust is a legal agreement which is established when one is still alive and can be changed at any time and even multiple times. This kind of a trust becomes irrevocable upon the person’s death and you can even name a trustee to handle the assets after death.

2.    Consult an attorney

Another important tip to avoid probate is to consult a good attorney. Trust or probate lawyers can help you find many legally acceptable ways to avoid probate and that too easily. Trusts can be slightly tricky to set up and without legal help; it may not be possible for you to set up a trust.  An attorney can even help with many kinds of complicated tax matters and avoids wasting time and effort from your side.

3.    Sharing ownership

You can also practice joint ownership in order to avoid probate.  What happens is that probate can be avoided if the possessions or property you own are also owned by another person.  This other individual can be the spouse with a right of survivorship. But you will also need to decide how you wish to share the ownership. There are many ways to do so including joint tenancy with right of survivorship, tenancy by its entirety, community property with right of survivorship and common law property etc.

4.    Understanding probate

Unless you understand probate properly, you won’t be able to avoid it completely.  Basically, the process of probate is a legal procedure where the final debts of an individual are settled and the legal ownership of property is passes on from the deceased to the heirs or the beneficiaries.  The process can be broken down into three main steps which are:
  • The collection, appraisal and inventory of all assets are subject to probate.
  • Payment of taxes, bills, estate expenses and creditors from assets of decedent.
  • Distribution and transfer of all property of the estate.
So now that you know the tips to avoid probate, you too can follow them if you wish to get out of the situation. There are many good attorneys for probate and business law Leesburg VA who can help you with the same and to refer to one of the best one, you can refer to Lorren T. Johnston.