All of us would like pass on a little something to our children or other loved ones. We save and save to make life a little easier for the people we care about. The last thing anyone wants is to give a large portion of their hard-earned money to the government in the form of probate fees. Nor do we want our loved ones, especially our spouses and children to wait months, even years to receive a penny.
Avoiding the delays and costs of probate is much easier than you think. Here are some basic tips to keep more of your estate in the hands of the people who matter most.
1. Write a
Living Trust
The most
straightforward way to avoid probate is simply to create a living trust. A
living trust is merely an alternative to a Last Will. Unlike a will, which merely
distributes your assets upon death, a living trust places your assets and
property "in trust" which are then managed by a trustee for the benefit of your
beneficiaries. It allows you to avoid probate entirely because the property and
assets are already distributed to the trust.
A trust
also enables you to avoid the cost of probating a will. One of the main
drawbacks of a will is the cost of probating it or passing it through the
courts. In probate, there are court fees taken from the gross estate (the
amount of the entire estate before the debts are paid out). This fee can often
be as high as ten percent of the total estate which often is better used paying
trustee fees and burial costs. With a living trust you avoid these court
costs all together.
2. Name
beneficiaries on your retirement and bank accounts
For some, a Last Will is often a better fit than a trust because it is a more straightforward estate planning document. Yet, just
because you have written a will doesn't mean that all of your assets have to
pass through probate. What most people don't realize is that many of our most
valued assets allow us to name beneficiaries. In fact, you may not have
realized that the bank account you opened when you got your first job probably
enables you to designate a beneficiary that is payable on death.
Thought it
may seem simple enough, many people don't take the time to actually name a
beneficiary or beneficiaries for their bank accounts, investments and
retirement plans. Payable on death accounts include life insurance policies,
pension plans, 401K plans, IRA accounts, stocks and bonds.
All you need to do
to get yourself started is to request and fill out the payable on death forms
that your brokerage company or bank can provide. Remember, if you are married,
some of these accounts automatically may be partially owned by your spouse. By
taking the time to fill out these forms, however, you ensure that the proceeds
are immediately dispersed at death without having to pass through probate – sparing
a lot of time and a lot of expense.
For many,
a Last Will can thus be an excellent alternative to a Living Trust.
3. Joint
Tenancy with a Right of Survivorship
Another
great way to keep your real estate out of probate is to consider holding your
property jointly. If you and a spouse or significant other are thinking about
purchasing a first home or even already own you own house, owning jointly
allows the property to pass automatically to your significant other without
having to go through probate. It doesn't matter if you are married or not. If
the property is designated a jointly held property it is going to go to the
surviving member of the couple. Of course you will want to make sure you
designate this ownership clearly. You may also want to look into Tenancy by
the Entirety and for married couples in Community Property states you will want
to investigate designating co-owned property as Community Property with a Right
of Survivorship.
Are you
ready to start your estate plan?
This list
is by no means exhaustive. Some states even offer an expedited probate for what
they consider "small estates." Of course, you will want to look into your
states laws for what is considered a small estate. Often this designation can
indicate that an estate is less than a certain amount or it can also mean that
there is not real property for the court to examine.
Most of
the time all we need is a bit of a nudge to actually begin the process. And,
there is no time like the present to get started.