Most think the Probate Court is a necessary and unavoidable final landing place for accumulated wealth before it passes to the next generation. It is neither; and it should be completely avoided if possible.
Two common examples of probate-avoidance:
- Jointly owned property (most often with the homeplace between spouses) – Owners have equal shares and a deceased’s ownership interest is automatically re-allocated among the surviving joint owners.
- Beneficiary designations (most often on life insurance policies) – Upon death of the owner of the account (or the insured on the policy) assets transfer automatically to the named beneficiary.
But… without further planning even these strategies might only kick the can down the road, because upon the death of the last joint owner or the beneficiary, the assets could still end up in the Probate Court.
And then only four things are certain:
- The assets of the probate estate will be fully disclosed in the public record,
- The assets will be subject to the claims of creditors (in fact, that is the purpose of the probate),
- Receipt of the assets by intended heirs will be delayed, and
- A portion of the assets will go to pay the fees of the attorneys handling the probate.
A common planning solution to the problems of probate suggested by legal and tax advisors is the use of a simple revocable trust, not be confused with an irrevocable trust. Managing assets in a revocable trust allows flexibility and control during life and provides greater privacy, less delay, and less expense in the handling of final affairs.
Call Tom Virkler – JD, Director of Advanced Markets, at 706-614-3766, or tom@cpsadvancedmarkets.com today to discuss the features and advantages of revocable trust planning so that you can suggest a revocable trust be part of a client’s overall financial plan and how it can be coordinated with their insurance and annuity arrangements.