Avoiding probate court is one of the best reasons for having a solid estate plan. After all, the idea that the government, according to a random judge, should decide control of your assets and the legacy that you leave behind is exactly the opposite of what sitting down with an experienced estate planning attorney can achieve. Avoiding this process requires more than a will, which is still subject to probate court. Taking steps to avoid probate requires planning.
Probate is simply a government controlled court process that distributes your assets after you have died. A part of their responsibility is protecting any creditors or government agencies that you may owe after your passing. Based on the size of your assets, probate can be an expensive process and can drag on for years. Any fees that arise through the process mean less inheritance for your heirs.
Probate is also on public record. It puts that long and emotional battle in the public eye for anyone to see, taking away the privacy and removing any control that you might have had over exactly how your estate should be handled. Avoiding probate is as simple as establishing a trust. The cost of doing so is generally less than the expense of probate and keeps all matters private. Other ways include gifting assets during your lifetime and ensuring that assets are titled properly.
Avoiding probate is as easy as working with a knowledgeable and experienced estate-planning attorney. At Marc Bronstein, A Professional Law Corporation, we combine high-quality estate planning with experienced tax counsel to optimize your estate plan. Taking the time now to prepare can ease the emotional burden of your loved ones and protect what you have worked your whole life to achieve.