Asked by: Raed Beltzner
asked in category: General Last Updated: 2nd March, 2020

Why does a living trust avoid probate?

A living trust can help you avoid probate. If your assets are placed in a trust, you do not "own" them: the trustee of the trust does. You control the assets as if they were yours. When you die, only your property goes through probate.

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Also question is, is probate required with a trust?

Assets in a trust, like a revocable living trust, avoid probate. However, if you have a trust in your will (called a testamentary trust), your assets will not avoid probate. The will and your assets will have to go through probate before the trust can go into effect.

Likewise, does revocable trust avoid probate? Revocable trusts avoid probate. If you have a will when you die, your assets will go through probate. With revocable living trusts, probate is not necessary. Your successor trustee will be able to pass your assets on to your beneficiaries without the need to wait for a court order.

Herein, why do I need a trust if I have a will?

A will is also useful if you have a trust. A trust is a legal mechanism that lets you put conditions on how your assets are distributed after you die and it often lets you minimize gift and estate taxes. Any assets that are not retitled in the name of the trust are considered subject to probate.

What are the advantages of a living trust?

A living trust saves your family time and money by avoiding probate -- and it confers several additional benefits as well. By Mary Randolph, J.D. The main benefit of a revocable living trust is that it saves your family time and money by avoiding probate after your death. But there are other advantages as well.

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