Phones Answered 24 Hours A Day
Local: 201-289-8231 | Toll free: 888-433-7188

Use a revocable living trust to avoid probate

When creating an estate plan, it's important to understand the steps your family will face after your death. More specifically, the probate process.

With a will, your estate will go through probate. Not only can this drag out the process of distributing your assets, but it can also cost a good amount of money.

This is why many people choose to create a revocable living trust. It allows your estate to avoid probate, thus saving your family time and money.

The Process

Creating a revocable living trust is different than a will, as you're transferring assets to a trustee. This essentially means the trustee has ownership of the property, despite the fact that you have full authority to revoke it at any time.

Since you're not technically the property owner, all assets within the trust avoid probate. This allows for the immediate transfer of property after your death.

Another point worth noting is that a revocable living trust is private -- unlike a will, which is a public document. This allows for privacy in regard to what you leave behind and who receives the property.

When setting up a revocable living trust you'll want to answer questions such as:

  • Who makes the most sense as trustee?
  • What assets will you move into the trust?
  • Who will you name as the beneficiary?

If you're seeking a way for your estate to avoid probate, consider the creation of a revocable living trust. There are other ways to do this, but a trust provides a high level of protection and reliability.

If you find yourself faced with the probate process, perhaps because a loved one didn't move all their assets into a revocable living trust, it's critical to understand what to expect and where you fit in.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

New Jersey Office
One University Plaza
Hackensack, NJ 07601

Toll Free: 888-433-7188
Phone: 201-289-8231
Fax: 201-342-6658
Hackensack Law Office Map

New York Office
358 Fifth Avenue New York
New York, NY 10001

Toll Free: 888-433-7188
Phone: 212-722-0055
Fax: 201-342-6658
New York Law Office Map