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Tag: Avoiding Probate

Will My Inheritance Go Through Probate?

Posted on Wed Feb 21, 2018, on Estate Planning

From our “Ask a Question” Mailbag: Inheritance and Probate Most Recently Updated August 10, 2018. Inheritance and Probate When a person passes away, in some situations, the estate must be settled through a legal process known as probate. This is an important step for beneficiaries to receive assets from the […]

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Can a Trust Help Avoid Probate?

Posted on Thu Jan 28, 2016, on Trusts

From our “Ask a Question” mailbag: I have been reading about trusts to avoid probate. Can a trust help my estate avoid probate?

Trusts come in all shapes and sizes and can help you meet many different goals. If your goal is to avoid probate, you could use a Revocable Living Trust, or you could use any number of different Irrevocable Trusts. Both categories help your estate avoid probate.

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Can I avoid my deceased husband’s creditors by not opening his estate?

Posted on Mon Oct 19, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My husband died a resident of Burlington County without a will. All his assets were owned joint accounts with me. This week, I received a form letter in the mail saying a bank had issued a statement and proof of claim against my husband’s estate and requesting immediate payment in full. It is addressed to his estate, but came in the mail to me. What should I do?

When someone dies without a will and all their assets are held jointly with a spouse, there is no need to file a will. The assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate this way does not mean that your husband avoided his creditors.

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