darealmcoy
04-15-2007, 01:31 AM
I am new to this part of forum so bare with me. I am 26 and my father is not in the best of health but i digress, Well this my question my father has aquired alot of assets and my question is how to keep it out of probate when the time comes.
Dorkfish
04-15-2007, 07:36 PM
First of all, if your father didn't ask, it's none of your business. But assuming he asked or you guys can just talk about such matters, you should ask him if he has met with an estate planning attorney. I brought this up with my parents by tactfully keeping my mouth shut until it came up in passing, then I asked if they had wills, living wills, and durable powers of attorney. They said they didn't and had been meaning to get them done. I sorta "tsk-tsked" them and said they'd be doing me and my sister a disservice if they both croaked without wills. It's very, very easy for this area to cause unforseen stress between siblings. I sorta insisted my parents spell out clearly who gets what and not leave any item to be worked out in a cooperative manner, because I don't know what my sister wants and she doesn't know what I want, and it would be easy for it to unfold that I end up with an item that I couldn't care less about but that she actually wanted but was too nice to bring it up post mortem. I didn't want anything like that to happen. My parents were leaning toward the "let 'em work it out" technique until I explained how much damage that could do.
Now. Trusts. Unless you're talking about several million dollars in assets in the estate, a trust is an unnecessary complication. Not for you after Pops dies, but for him while he's living. Imagine taking every item you own and transferring ownership of it to the trust. Cars, boats, house, vacation home, mutual funds, stocks, bonds, pension.... Yikes. Ownership of everything he owns has to be transferrd to the trust, and everything he earns, buys, or accrues from here on out must be titled to the trust. The paperwork alone would bury a motal man, which is why a very large percentage of trusts get formed during a meeting with an attorney, then never funded - it's just too much of a hassle.
In a large percentage of cases of normal sized estates, it's much cleaner to let the estate go through probate, pay any taxes, close it all out and move on with your life. If a person is concerned with the speed with which he will receive his Dad's money after his death, he really needs to review his money handling techniques.
ripvanwinkle
05-28-2007, 11:43 PM
there are lots of other reasons and strategies.
i'll send you a message.