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In order for assets in a Will to be transferred to a beneficiary, the Will must first pass through probate, a process that involves the Court overseeing the administration of the Will to ensure that your assets are distributed according to your wishes. As a result of the Court's involvement, probate proceedings can last 1-2 years.
During that time, your family will hire an attorney to represent them and another to represent the estate. That last second attorney will be paid a statutory fee that is based on a percentage of the market value of your entire estate. That's a lot of legal fees that can drain your estate. Further, during probate, there’s also the chance that one of your family members might contest your will. My inbox is full of potential clients looking for representation through the probate process.
Unlike Wills, trusts don’t require your family to go through probate, which can save them time, money, and the potential for conflict. Plus, when you have a trust set up, the distribution of your assets happens in the privacy of our office—not the courtroom.
If you want to learn more about Trusts, please read my article "Lifetime Asset Protection Trusts: Why You May Need One" where you will learn about the benefits of the owning your assets through a trust and "Put Your Home in a Trust " where you will learn about trusts and why they are essential to a successful estate plan strategy.
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