Sunday, July 24, 2005

Avoid Probate in Multiple States - Revocable Trusts Help

Multiple probates cause multiple problems for heirs and beneficiaries
When a person has real property in multiple states such as Florida, California, and New York it is important for them to avoid having their estate required to be probate in all the states they own real estate.

When a person dies the law of the state that they were domciled in controls all of their property except for real property located in another state. This property is subject to the laws of the state in which it is located.

Probate is typically a slow process with a lot of rules and procedures but to add an additional set of laws, another court and frequently additional groups of attorneys the time involved to settle the estate as well as the expense increases as a result.

For individuals who hire an estate attorney the situation can easily be solved and the requirement for the property to go to probate court can be avoided or at a minimum decreased to require merely the home state. If the property in the other state is held in trust such as a Florida resident owning a home in Beverly Hills California and a condo in Manhattan New York they can do a deed to put it in a revocable trust with themselves as the trustee to retain ownership. For probate purposes this removes the need for probate in those states and upon the death of the owner the property will pass to the successor trustee who will convey the real estate to the beneficiaries designated pursuant to the trust agreement.
Achieving this probate avoidance will generally save the client several times the cost of the trust and it will also speed up the disrtibution and pass more efficiently to the designated beneficiaries.

Consult a probate and trust attorney to discuss the specifics of your situation and learn more about avoiding the headache and expenses associated with multiple probate proceeding. There are additional ways to achieve this. Our law firm assists South Florida residents and their families with avoiding probate for clients who make arrangements in advance and for those who do not with ancillary probate when someone is a resident of another state leaving property in Florida and with Florida Probate which sometimes also includes probate in other jurisdictions.

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