Janssen Law, PLC

Is it possible to keep your estate out of probate court?

If you are currently planning your estate in Iowa, now is the time to take steps to prevent your estate from ending up in probate, which can be a lengthy and costly process. According to The Motley Fool, what you do now will determine if probate is going to happen or not. You have to begin by consulting with professionals who can guide and help you with staying within legal limits and managing your finances and real property properly. 

Beyond working with the right people to set up your estate, you can also use specific legal structures to create an estate plan that is less likely to end up in probate. For example, for property, you could establish joint ownership. Upon your death, the property would simply transfer to the other owner. You should also make use of accounts where you can add a beneficiary. This will allow them to also be transferred upon your death. 

Another option is a living trust. This allows you to choose beneficiaries who will receive your assets and a trustee who will manage the trust and ensure it is distributed as you wanted. Once you put your assets in a trust, you no longer actually own them, the trust does, so when you die, ownership is simply transferred to the beneficiaries you named. This process can be complex and you must ensure it is done right or your estate will go to probate after all. This information is only educational and is not intended to be used as legal advice. 

No Comments

Leave a comment
Comment Information

The determination of the need for legal services and the choice of a lawyer are extremely important decisions that should not be based solely upon advertisement or self-proclaimed expertise. This disclosure is required by the rule of the Supreme Court of lowa. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert or more competent than any other lawyer. All potential clients are urged to make their independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of lowa. Any information provided as a result of receiving a response to this website should be considered general in nature and no personal legal advice will be provided without first establishing an attorney/client relationship.

700 Second Ave.
Suite 103
Des Moines, IA 50309-1712

Phone: 515-421-9068
Fax: 515-274-1364
Map & Directions