A trust is established by people looking to maintain control of their assets while avoiding the probate process, which is the process by which a family takes the decedent’s will to court. As part of probate, the court reviews the estate and then gives authority to distribute the decedent’s assets.
When a person dies, his or her estate may need to go through probate. If the decedent leaves a will directing how his or her property should be distributed after death, the will must be submitted to the probate court so that it can be approved as a valid document. During this process, all of the parties that have the legal right to notice will be informed of this proceeding. This will give them a chance to accept or object to the approval of the will.
A question clients often ask is, “What happens to my assets when I die?”
The answer to that popular question depends on what you do while you are alive.
When you die, your assets are essentially bulked into two general categories: (1) Non-Probate Assets; and (2) Probate Assets.
In order to determine if something is a non-probate or probate asset, you must look at the way in which the asset is owned.
It is important to understand the ownership of assets such as bank accounts, investments, retirement accounts, CDs and life insurance policies.
When a new client meets with an estate planning attorney, the first few questions the attorney will ask are: