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Probating an estate is an expensive, time-consuming and sometimes adversarial affair. It is possible, and sometimes advisable, to avoid probate. With the help of an estate planner and, perhaps, an ...
As the assets aren't considered a part of your estate, they sidestep the probate process. It also lets you continue to use assets transferred into the trust, such as property or investments you own.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
If your half-siblings aren't explicitly excluded in the will, they may argue they were accidentally left out. Grounds for contesting a will in probate might also include:
The Uniform Probate Code, which has been adopted in whole or in part by a number of states, limits the doctrine by requiring a contemporaneous writing from the deceased, or any writing from the property recipient, indicating that the property is intended to be treated as an advance upon the estate. [2] [3]
Like a pretermitted child, a pretermitted spouse may be explicitly disinherited in the will, or may be excluded from taking under the will if they received an advancement on their inheritance in anticipation of the marriage. A pretermitted spouse may also disclaim any interest in the testator's estate through an antenuptial or prenuptial agreement.
Probate can be both a lengthy and expensive process. According to Trust & Will , probate fees consume 2% to 7% of an estate’s value, leaving only 93% to 98% for beneficiaries.
In practice, only a small fraction of U.S. estates is taxable, reflecting that exemption levels are high and transfers to surviving spouses are entirely excluded from taxable estates; but those estates that are subject to federal taxation typically face high rates. Taxpayers commonly arrange their affairs to soften the impact of federal taxation.
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