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A Senior’s Guide to Avoiding Probate

 Posted on August 10, 2023 in Estate Planning

IL estate planning lawyerAvoiding probate is a common goal for many seniors seeking to protect their assets and provide a smoother transition for their loved ones. Probate involves the legal validation of a will, settling debts, distributing assets, and can take several months to years to complete. For seniors who want to spare their families from the complexities of probate and ensure their assets are placed in the right hands after their passing, there are various strategies to consider.

Most Common Ways to Preserve Your Assets

One of the most popular methods for seniors to avoid probate is by creating a living trust. A living trust allows you to transfer your assets to the trust while you are still alive. You can serve as the trustee and maintain control over your assets until your passing. After your death, the appointed successor trustee can distribute the assets to your beneficiaries without going through probate.

Joint ownership is another great way to avoid probate. Holding property or assets jointly with rights of survivorship allows those assets to pass directly to the surviving co-owner upon your passing. However, it is essential to consider the implications of joint ownership, such as potential tax consequences and loss of control over the assets.

Some financial accounts and investment vehicles offer payable-on-death or transfer-on-death designations. By naming beneficiaries for these accounts, the assets can transfer directly to the designated beneficiaries upon your death, avoiding probate.

An irrevocable life insurance trust (ILIT) is designed to own life insurance policies. Placing life insurance policies within an ILIT can help keep the proceeds outside your taxable estate and avoid probate.

Other common ways to preserve assets and avoid probate include:

  • Beneficiary designations
  • Gifts during your lifetime
  • Charitable bequests
  • Plan for incapacity
  • Utilize small estate affidavits
  • Regular estate plan updates
  • Seek professional estate planning assistance

Potential Issues and Pitfalls to Look Out For

While avoiding probate can be beneficial for seniors and their families, there are some potential complications and challenges they may encounter during the process.

Setting up trusts, joint ownership arrangements or beneficiary designations can be complex and require careful consideration. Seniors may find it challenging to navigate the legal and financial aspects of estate planning, especially if they have numerous assets and beneficiaries.

If seniors have not updated their estate plans to reflect changes in their family circumstances or assets, it may lead to complications. Outdated plans may not fully address new beneficiaries, properties, or changes in their wishes.

Seniors who attempt to avoid probate without professional legal advice may inadvertently overlook crucial details or make errors in their estate planning documents. Consulting with an estate planning attorney can help prevent potential complications.

Other obstacles include:

  • Overlooking assets
  • Cost of establishing trusts
  • Maintaining living trusts
  • Family disputes
  • Tax considerations
  • Medicaid eligibility
  • Safeguarding estate planning documents

Contact A Barrington, IL Estate Planning and Elder Law Attorney

Implementing strategies such as creating a living trust, naming beneficiaries, and updating estate plans can be valuable steps in avoiding probate. A well-thought-out estate plan, coupled with the guidance of an experienced Barrington estate planning attorney, can provide peace of mind and ensure your wishes are carried out efficiently while sparing your loved ones from the complexities of probate. Contact Lucas Law at 847-381-8700 right now to discuss your options.



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