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Top Reasons for Avoiding Probate

February 1, 2018 //  by Barry D. Horowitz, Estate Planning Attorney

Hartford probate attorneys can provide help with theĀ probate process. The process can be a lengthy and time consuming one and, while having a lawyer can reduce the stress associated with probate, many people would still prefer not to have to go through this process after a loved one passes away.Ā  Fortunately, there are ways to avoid theĀ probate process andĀ Nirenstein, Horowitz & Associates can help you to explore your options for allowing some or all of your assets to transfer outside of probate.Ā hartford probate attorneys

If you hope to have your wealth transfer outside of probate so your family does not have to go to court after your death, you will need to make plans early before you become incapacitated or pass away. OurĀ legal team can help.

You shouldĀ give us a call to find out about the assistance we can offer with theĀ probate process or to find out how we can help you to avoid probate.Ā  You can also read on to find out some of the reasons why avoiding probate may be worth the effort in your particular circumstances.

Avoiding Probate Can Save Money

Investopedia estimates that the cost of probate is about three percent to seven percent of the value of the estate. This can be a significant amount of money thatĀ heirs or beneficiaries lose out on.Ā  If you transfer assets outside of theĀ probate process, these costs won’t have to be paid and the inheritance that is received will be larger.

Avoiding Probate Can Allow Heirs or Beneficiaries to Inherit More Quickly

Often, it’s important for new owners to take possession of inherited property as quickly as possible. This could be necessary in circumstances whereĀ heirs or beneficiaries are counting on their inheritance to provide for them since the deceased is no longer providing for them with his income.Ā  This could also be important in circumstances where new owners are needed to carefully manage the transferred assets.

Transferring assets outside probate using other tools likeĀ trust administration could make it possible for new owners to inherit much more quickly.

Avoiding Probate Can Help You to Ensure Your Wishes are Respected

When you make aĀ last will and testament and assets transfer through theĀ probate process, it’s possible that someone who is unhappy about the decisions that you made will decide to contest your will. Not every will contest isĀ successful, but the process can cost money and can reduce an inheritance further. And, if the person who contests the will prevails, your will may end up not being probated and you could lose the chance to control your own legacy.

If you transfer assets using other means, you can avoid this. While a trust can be contested, the fact of your ongoing involvement with the trust during your lifetime usually makes it much harder for the effort to contest a trust to be successful.

Avoiding Probate Can Help You to Keep Your Affairs Private

When your estate is probated, the process becomes court record. This means your will and the steps involved in probating your estate can be known to the public.

A lot of private information about your financial situation comes up during theĀ probate process. You may not want all of this information to be widely known to everyone because of the fact it becomes public record.

If you make a trust and assets transfer throughĀ trust administration or through other means outside of theĀ probate process, you can avoid your personal information becoming available to the court and the public as a whole.

Getting Help from Hartford Probate Attorneys

Hartford Probate attorneys atĀ Nirenstein, Horowitz & Associates can work closely with you during theĀ probate process if your loved one has passed away and you must go through probate to facilitate the transfer of assets. OurĀ legal team can also provide help making anĀ estate plan that allows your loved ones to avoid probate so they can benefit from more privacy, more convenience and reduced costs.

To find out about the full array of services that our firm can offer in connection withĀ estate planning and with theĀ probate process,Ā join us for a free seminar. You can also give us a call at 860-548-1000 or contact us online to talk with aĀ probate lawyer about your personalized plans.

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Barry D. Horowitz, Estate Planning Attorney
Barry D. Horowitz, Estate Planning Attorney
Founding Partner and President at Nirenstein, Horowitz & Associates PC
Barry D. Horowitz is a founding partner and president of the law firm of Nirenstein, Horowitz & Associates, P.C. He received his diploma from the Loomis Chaffee School and his Bachelor of Arts from Bennington College, where he dual majored in philosophy and music. Mr. Horowitz was awarded his Juris Doctor degree with honors from the University of Connecticut School of Law. While attending law school, Mr. Horowitz received the American Jurisprudence Award in Legal Ethics and the Nathan Burkan Award...Read More!
Barry D. Horowitz, Estate Planning Attorney
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