Does a will always wind up in probate?

[MediaMole]

As long as there is a clear will, you’ll only need a lawyer to deal with the probate paperwork.

From my experience, everything goes through probate court, but with a good will and no bickering relatives, it’s a formality to ensure clear title to the property and ensure that all debts have been satisfied. Even with a recent will, having a couple trusts and some business interests to take care of, it took about 18 months to get the paperwork done when my dad passed away — and that was rolling everything over to my mom with a trust that would go to the kids after she’s gone.

The thing you want to avoid is being in a position where the probate court has say in where assets end up. ...because only lawyers benefit in that situation.

[DManA]

LOL,

An old buddy of my dad’s always told his kids - If I leave you little bas***ds anything I will have really screwed up.

He’s about 95 now and looks likely he won’t screw up.

We love the old guy.

[MasterGunner01]

Consider a Living Trust if you don't have lots of squabbling siblings and both parents are alive.

Both parents have to be alive when the trust is setup. All real assets — house, bank accounts, rental property, etc. are put into the trust. Make sure the trust is IRREVOCABLE, otherwise the state will go after the estate to pay for medicaid-type long-term medical care. If the trust is REVOCABLE, the state can make you sell your assets until you have only $2,000 or less, Then you'll be considered “indigent” for them to pick up medical bills.

Also, the trust must be in-place for at least two to five years, otherwise the state can say it was created to transfer long term medical care expenses onto the state. (The minimum time period —look-back window — varies from state to state.)

In the simplest case: husband, wife, child — which ever parent dies first, the estate transfers without probate or estate tax to the survivor. At the death of the surviving spouse, the estate transfers to the child who is the executor of the trust. Again, no probate and most likely no death taxes if the estate is below a certain amount — a million dollars or such.

[antceecee]

That’s happening to me right now. My Dad passed away this year and his wife has Alzheimer’s. He decided to leave no will because “someone” in the family told him everything will pass to her as he wanted for her care. I had to file for conservator and costs are eating me alive, in addition to stress. No one else has stepped forward to help, but the lawyers, courts, investigators, probate referees et.al... are getting fat off of my Dad’s hard earned savings - they all feign compassion for my Step-mom’s condition, but it’s such a farce.
Make a will or trust.... spell it out and try to keep the wolves at bay.

[wardaddy]

Yes...all wills are probated before an estate can be closed.

You can do it yourself but it’s easier to get a lawyer.

An inconsequential estate to probate with minimal assets and no heir fights and no tax liability can get legal fees under 500 bucks easy