I thought that living trusts solved problems like this from happening. If I create a trust that owns all of my assets, I name who gets said assets upon my death, no questions asked. Am I missing something?
A trust is a device to transfer assets in order to avoid PROBATE. Similar to having a designated beneficiary to your IRA. It is not a device to avoid or reduce ESTATE TAXES assuming your estate is greater than $5.25 million.