[et_pb_section fb_built=”1″ theme_builder_area=”post_content” _builder_version=”4.22.2″ _module_preset=”default”][et_pb_row _builder_version=”4.22.2″ _module_preset=”default” theme_builder_area=”post_content”][et_pb_column _builder_version=”4.22.2″ _module_preset=”default” type=”4_4″ theme_builder_area=”post_content”][et_pb_text _builder_version=”4.22.2″ _module_preset=”default” theme_builder_area=”post_content” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
I often ask attendees of my presentations if they have been told \u201cprobate\u201d is something to avoid.\u00a0 <\/span>Invariably, I see several heads nodding \u201cyes.\u201d\u00a0 <\/span>Many are not sure why they are supposed to avoid probate.\u00a0 <\/span>However, the most common reason I am told is that probate is too expensive. \u00a0 \u00a0<\/span><\/p>\n Unfortunately, since most people are not sure if probate is even necessary, they have no way to know what cost, if any, is appropriate.\u00a0 <\/span>This can lead to situations in which people are taken advantage of.\u00a0 <\/span>I am aware of situations in which people paid twice what probate would have cost to obtain a trust.\u00a0 <\/span>Why did they want a trust?\u00a0 <\/span>Because they were told probate was too expensive and a trust was a way around probate.\u00a0 <\/span>Obviously, these people were never actually told what probate would cost; only that it was a cost they should avoid.\u00a0 <\/span>And, as I will explain in a future column, they may still have to go through probate!\u00a0<\/p>\n We all want to avoid unnecessary expense.\u00a0 <\/span>However, in some cases, probate is a necessary and appropriate expense.\u00a0 <\/span>Proper estate planning should include a discussion about whether probate will be necessary.\u00a0 <\/span>If it will be necessary, that discussion should address the anticipated cost of probate and the existence of effective alternatives.\u00a0 <\/span>These are important issues that cannot be addressed by downloading a form from the internet.\u00a0<\/p>\n Last column I gave examples when probate may be necessary.\u00a0 <\/span>However, there is no simple answer for every circumstance.\u00a0 <\/span>These are issues that need to be addressed with the guidance of qualified professionals.\u00a0 \u00a0 <\/span>The consequences of failing to do so can be significant.\u00a0 <\/span>Even worse, it may be those you are attempting to protect who must face those consequences.\u00a0<\/p>\n With that background, next column I will address two ways I see people commonly attempt to avoid probate.\u00a0 <\/span>Both are very dangerous in my opinion.\u00a0<\/p>\n Come to a free presentation to find out the best way for you to pass on your assets without unnecessary risk or cost. <\/i><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" I often ask attendees of my presentations if they have been told \u201cprobate\u201d is something to avoid.\u00a0 Invariably, I see several heads nodding \u201cyes.\u201d\u00a0 Many are not sure why they are supposed to avoid probate.\u00a0 However, the most common reason I am told is that probate is too expensive. \u00a0 \u00a0 Unfortunately, since most people […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[16,25],"tags":[20,91,54],"_links":{"self":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts\/377103"}],"collection":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/comments?post=377103"}],"version-history":[{"count":2,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts\/377103\/revisions"}],"predecessor-version":[{"id":377105,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/posts\/377103\/revisions\/377105"}],"wp:attachment":[{"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/media?parent=377103"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/categories?post=377103"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wrightlawidaho.com\/wp-json\/wp\/v2\/tags?post=377103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}