Brown Borkowski & Morrow


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3 ways estate planning can minimize probate hassles

Planning for the future is an act of love and consideration for loved ones.

Regarding estate planning, taking steps to minimize probate hassles can provide peace of mind for everyone involved.

1. Clear and specific beneficiary designations

One effective way to minimize probate hassles is to ensure that your assets have clear and specific beneficiary designations. Many financial accounts, such as life insurance policies and retirement accounts, allow you to designate beneficiaries. By doing so, you direct where these assets go directly, bypassing the probate process altogether.

2. Joint ownership of property

Another strategy is to consider joint ownership of property. Assets held jointly with the right of survivorship automatically pass to the surviving owner without going through probate. This can include real estate, bank accounts or other valuable assets. However, it is important to carefully consider the implications of joint ownership and ensure it aligns with your overall estate planning goals.

3. Establishing a living trust

Creating a living trust is a proactive approach to avoid probate hassles. A living trust allows you to transfer your assets into a trust during your lifetime, with clear instructions on the distribution of assets after your passing. Since the trust becomes the legal owner of the assets, probate is generally not required. This can significantly expedite the transfer of assets to your beneficiaries while maintaining privacy.

In 2021, Wayne County Probate Court had 13,386 cases, many of which took significant time to resolve. For loved ones dealing with a loss, alleviating probate woes can help them address the emotional toll.