Many people assume court involvement is inevitable when an estate is being settled, but is this really true? The answer has a lot to do with the choices you make while you are still among the living.
Let’s look at the matter of estate administration and the steps you can take to streamline the process.
Simple Will Administration
When you create a will, you name an executor to handle the administrative tasks. This person or professional entity cannot act independently. Under Connecticut state laws, the will would be admitted to probate, and the court would supervise during the administration process.
Though it serves a purpose, there are some drawbacks. First, it will typically take at least nine months, and inheritances are not distributed while the estate is being probated.
Secondly, it is a public proceeding, so there is a loss of privacy. Thirdly, probate expenses will consume a noticeable portion of the estate when all is said and done.
Assets That Pass Outside of Probate
Not everything you own will pass under the terms of your will. Some types of transfers are not subject to probate, even if you are not intentionally trying to avoid it.
Life Insurance Payouts
Life insurance proceeds go directly to the beneficiary named in the policy. These funds do not go through probate as long as the beneficiary designation is valid and up-to-date.
Payable on Death Accounts
You can also name beneficiaries on financial accounts by using payable-on-death (POD) or transfer-on-death (TOD) instructions. These tools are available through banks, credit unions, and investment firms.
This approach is unnecessarily limiting. It only applies to that account, and what if you want to spread the money among multiple people at different intervals?
Joint Tenancy
Joint tenancy with right of survivorship is another mechanism that avoids probate. When two people own property this way, after the death of one tenant, the survivor automatically becomes the sole owner.
But here’s the rub: If you add someone to your property deed as a joint tenant, they own half the property immediately. As a result, if they go through a divorce or become the target of a lawsuit, their ownership interest would be vulnerable.
Additionally, you would no longer have the sole authority to sell or mortgage the property if things change.
Revocable Living Trust
One of the most effective ways to keep your estate out of court is to use a revocable living trust. This type of trust allows you to transfer ownership of your assets to a legal entity you control. While you are alive and well, you serve as trustee and continue to manage everything as usual.
The benefit comes after death. Your successor trustee can step in immediately and carry out your instructions without the delays or filings required in probate court. Property held in the trust is not subject to the probate process because the trust itself remains the legal owner.
For this to work, the trust must be properly funded. That means retitling your accounts, real estate, and other property in the name of the trust while you are living.
It is not enough to simply create the document. You also need to transfer ownership of the assets you want the trust to control.
When drafted and maintained correctly, a revocable trust allows for a smooth and private transfer of wealth. It also helps avoid unnecessary complications when beneficiaries live in other states or when the estate includes property in multiple jurisdictions.
Limit the Risk of a Legal Challenge
Avoiding court is not only about efficiency. It is also about limiting the possibility of conflict. Probate creates a forum for will contests, creditor claims, and disputes among heirs. Even if your wishes are clear, the open nature of the process can invite objections.
A trust offers more privacy and is harder to challenge. You can also take additional steps to protect your plan. These may include adding a no-contest clause, updating documents regularly, and clearly communicating your intentions to those involved.
The more thoughtful and consistent your planning, the less likely it is that someone will find grounds to challenge it later.
Schedule a Consultation Today!
We can help if you are ready to put a plan in place or revise your existing plan. You can call us at 860-548-1000 to schedule a consultation at our Glastonbury or Westport, CT estate planning office, and you can use our contact form to send us a message.
If you would like to learn more before taking the final step, attend one of our complimentary monthly learning events. This is a great way to see the complete picture as you contemplate your legacy, and you can see the dates here.
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