Frequently Asked Questions (FAQs)

Living Trusts and Probate

What are the advantages of a living trust?
Assets held in your trust avoid probate when you die, that is, your Successor Trustee will be able to administer...

What is “probate”?
Probate generally refers to the formal court supervised administration of a decedent’s estate.

Why should I want to avoid probate?
There are three drawbacks to probate which prompt many clients to elect to pass on wealth through a living trust...

Does a court ever get involved in the distribution of a trust after the Settlor dies?
Hopefully not. If the trust is contested, the matter is decided in the probate court.

Is a living trust for everyone?
No. Some individuals do not own enough assets to be concerned with probate.

 

“I shall never accept that the law can be used to justify tragedy, to keep things as they are, to make us abandon our ideas of a different world. Law is the path of liberty, and must as such open the way to progress for everyone.”

- Oscar Arias Sanchez