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Mar 10, 2015

Will Your Revocable Living Trust Avoid Probate? It Depends.

If you’ve set up a Revocable Living Trust, congratulations! You’re definitely on the right track. But you are only half way there. Many believe because they took the time to create a Trust, their estate will automatically avoid probate. Unfortunately, this is false.  The key to probate avoidance is proper asset ownership, including the full funding of your Revocable Living Trust.
 
What Assets Require Probate?

  • Accounts and real estate titled in your sole, individual name [without a payable on death (POD) or transfer on death (TOD) designation]
  • Accounts and real estate you own as a tenant in common
  • Contract assets naming your estate as beneficiary

What Assets Avoid Probate?

  • Accounts and real estate owned as joint tenants with rights of survivorship
  • Accounts and real estate owned as tenants by the entirety
  • Life insurance
  • Retirement accounts, including IRAs, 401(k)s, and annuities
  • Life estate property
  • Payable on death (POD) and transfer on death (TOD) accounts and, in some states, transfer on death or beneficiary deeds

What’s the Next Step?
 
 Ask a qualified estate planning attorney to confirm that your Revocable Living Trust is fully funded and that all assets are aligned with your estate planning. Proper asset ownership is key to probate avoidance.

Categories: Estate Planning

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My name is Diana Hale, and I serve families and business owners in Denver, Colorado Springs, and the surrounding metro areas.

2000 S. Colorado Blvd.
Tower One, Suite 2000
Denver, CO 80222
Dir.: (720) 739-1799
Fax.: (888) 552-6580
Diana@HaleEstatePlanning.com

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2000 S. Colorado Blvd., Tower One, Suite 2000 | Denver, CO 80222
800-686-0168 | 720-739-1799 | 719-623-5822

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This website includes general information about estate planning, probate, and business law. These materials are for informational purposes only. They are not intended to be legal advice regarding any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice regarding your specific legal issues.