PROBATE (Wills and Trusts)
It’s essential for everyone, regardless of age, to have a will or trust in place to ensure that their assets and property are distributed according to their wishes.
In most cases, the deceased person has established documentation, which contains instructions on how their assets should be distributed after death. However, in some cases, the deceased does not leave a will. Unique circumstances can arise in both scenarios.
Understanding whether probate is necessary after someone passes away is crucial. Probate proceedings can be lengthy, sometimes taking a considerable amount of time to complete.
Everyone requires either a Will or a Trust to designate an Executor and dictate the distribution of assets upon their death. Wills cover asset allocation, final wishes such as funeral arrangements, and messages to specific relatives. However, Wills are public and can invite challenges.
Trusts offer similar benefits and more. They are private and can bypass probate, unlike Wills. While both Wills and trusts allocate assets to beneficiaries, trusts can also manage decisions in cases of incapacitation and are effective during and after one’s lifetime. Assets held in trusts typically skip probate, the legal process of transferring assets according to a Will.