BENEFITS OF AVOIDING PROBATE
RISKS OF AVOIDING PROBATE
• Saves time and costs by reducing court fees and delays • Maintains privacy. • Avoids Will contests reducing the likelihood of legal challenges to the estate. • No Medicaid recovery. • Avoids the need for ancillary probate if real estate is owned in other states. • Preserves your assets from nursing home costs.
• Not funding your living trust. • Not coordinating your non-probate asset distribution with your Will. • Joint owners can be sued, file for bankruptcy, or have an account compromised by divorce. • Ancillary Probate: This is necessary if you own real estate in other states. • Loss of capital gains exemptions.
CONCLUSION
Avoiding probate can significantly benefit your estate and heirs, offering privacy, efficiency, and financial savings. However, it requires careful planning and coordination to avoid potential risks. By consulting with legal and financial professionals, you can develop a comprehensive estate plan that balances probate and non-probate strategies, ensuring a smooth and secure transfer of your assets.
ROBERT FRIEDMAN Partner Friedman & Ranzenhofer
Attorney Robert Friedman has represented landlords for over 45 years. His website WNY-Lawyers. com has a wealth of free legal resources for landlords, including videos, webinars, legal forms, blogs and guides. He attributes his success to client education, community involvement, and a reputation for cost effective, practical solutions to legal problems. He is the author of How to Survive Legally as a Landlord and The Upstart Small Business Legal Guide. He frequently lectures for AAOA and other real estate investor/landlord groups. Friedman & Ranzenhofer, PC was founded in 1955 by Bob’s dad, Fred Friedman, a Holocaust survivor and U.S. Army veteran.
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