How to Avoid Probate
In this post we are going to discuss how to avoid probate? How many people out there listening have wills out there? If you don’t have a will the state will provide one for you. Now, we work with a team of lawyers. I’m not a lawyer but I am a legal assistant. I work with a lot of attorneys out there. We work with qualified people, who specialize in the estate planning arena. So, you should have either a Will or Trust, Power of Attorney and a Living Will at the very minimal out there. So, we’re going to talk about, how to avoid probate?
Well you could avoid probate by doing joint tendencies. Every strategy we talk about has advantages, disadvantages. The advantage is of course if one person dies you can pass it to the other one, but , the second death causes probate and if it goes a full 5 years, it avoids a 5 year look back plus it avoids the inheritance taxes for Pennsylvania and of course in Ohio it’s different. They’ve an Ohio state tax of $338,334 dollars on that. So, there is advantages and disadvantages, which ever strategy. You could also use TOD- Trade Transfers on Death accounts, POD- Paid on Death accounts. There’s also what we call a poor man’s trust, we have main beneficiary of the bank account or mutual funds. But, the negative on those is, if one of your children passes on before you then both of you pass on, you could be disinheriting your grand children. That’s right, because you don’t have the proper language in here and it doesn’t get passed down to your grand children. It goes to the surviving children which is called per capita, very important on setting those designations up. But, another way is to have a living trust or Revocable Trust where you have control of it and you are grantor of the trust or the seller. You created you are the Trustor, you are the trustee and you are the beneficiary. One spouse dies; they become the Trustor, the Trustee and beneficiary. There is article one section 10 in the constitution; it’s been around a long, long time. But, the negative on those is if you have a trust and if you never put anything in the trust or you never transferred to another trust, it could be a disaster. You spent money for something like that and guess what it didn’t do any good at all. So, it is most important to fund the trust and you must work with a qualified attorney, who specializes in that arena and also they usually cost more than a standard Will. They can be anywhere from $500 dollars to $3000 dollars.
Dave Gollner discusses how to Avoid Probate
How to Avoid Probate with a Living Trust Brochure
One thing we’ve tried to show people is, if we can show you how to reduce money that you are over paying in your investments and save you money in taxes., then, you have extra money to be able to get this trust if it’s suitable, what you should do, is call our office toll free at 800-264-4963, Legacy Financial Strategies and we will send out to you a pamphlet called aLivi ng Trust. It talks about powers of attorney, talks about wills, talks about with and without a will, talks about the advantages and disadvantages. Then, you could watch this short 15-minute video, If you would like the longer hour and half version, we have that as well. Then after you have all the facts and you sit down with a qualified licensed attorney in your state Pennsylvania or Ohio. Then, you will be in a better position to find out if that makes sense or if it doesn’t.
Remember, every strategy we talk about, if someone doesn’t talk about the negatives, you better run. There are always positives and negatives to every strategy. Although, most people find that a Living Trust is suitable based on what they are trying to accomplish. Contact our office today to learn more about how to avoid probate.




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