In my last post, I said that in order to avoid probate, the decedent could not own any assets in his or her personal name. In terms of avoiding probate, it is helpful to think in terms of non-probate assets and probate assets. “Non-Probate” Assets. These are assets that, by definition, do not go to probate because they automatically transfer to the…

Doesn't a Will avoid Probate? We sometimes have clients who come in saying something like, “I want to avoid probate. I need a Will.” Many people incorrectly assume that having a Will is what they need to avoid probate. That is simply not the case. So what is probate? Probate is the court process of settling a deceased person’s estate. It comes in t…

And Why Should I Have One? What is a Will and do you really need one? This may sound basic, but it is a fundamental question that all of us, as responsible adults, should answer in our own minds. Unfortunately, death is a certainty that we all must face, and we never know when it will happen. It is therefore advisable to make plan for when that eve…