Can Estate Planning Attorney Prevent The Interference Of The Court Of Probate?


Uncategorized / Tuesday, January 29th, 2019

The estate planning has become an essential part when it comes to protecting the assets of a deceased person. An ordinary man may not be well aware regarding the changing rule and regulations related to the inherited property. It calls for professional estate planning attorney.

The changing rules and regulations:

The attorney being well aware regarding the changing rules of inherited property and it taxation process, they can provide with a viable solution to protect the asset. There are several law firms operating across states who can deliver with a well-experienced attorney to protect the assets. The primary job of an estate planning attorney is to avoid probate which can put a severe dent on the total valuation of an asset.

Interference of the Court of Probate:

The court of probate supervises a process to identify and evaluate the assets of a deceased person in case he does not make a proper will or estate planning. The official deducts a considerable chunk from the entire valuation of the asset in the name of inheritance taxes.

The estate planning attorney may use the declaration of living trust to avoid probate or make a legally viable will to protect the assets; though will is not a legal document and requires validation from the court of probate. In case of the declaration of living trust, validation from the court of probate not required which makes the process first and smooth. It may take around twenty days to validate a will from probate court legally. The declaration of living trust gives a separate legal identity to the asset which eliminates the twenty-day long process

The declaration of living trust:

The living trust is a more preferred option as it not only eliminates the interference of probate court, but it also helps to separate the entire property from the owner legally. As probate applies to the properties lawfully owned by the deceased person, thereby protecting the asset from inheritance taxes.

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