We are told many times by clients that the reason they want us to prepare a Last Will & Testament for them is so that they can “avoid probate".
If your estate planning consists solely of having a Last Will & Testament, you have not done everything you can to avoid probate.
There is never a 100% guarantee that you can avoid probate, however, there are many things you can do, with the assistance of your attorney, to help accomplish this goal such as making sure your real estate is titled properly or having a living trust prepared.
If you own real estate, another example to avoid probate would be to have prepared and filed an affidavit called a “Transfer on Death Designation Affidavit”. This affidavit would allow your designated beneficiaries to receive the title for your real estate without probate by filing a subsequent affidavit upon your death.
If you should have any questions on ways you can avoid probate, please call me. I would be glad to help you with this important issue.
This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.
If you have questions, please call me at (513) 631-0022.
