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Probate is a legal process that occurs after someone dies, in which their assets may be distributed according to their will or according to state law and subject to the whim, mercy, and oversight of a judicial officer. Probate can be time-consuming and expensive, and it can also be a public process that exposes your assets and beneficiaries to scrutiny. By creating a solid estate plan that avoids probate, you can help ensure that your assets are distributed quickly, efficiently, and privately.
A will is a legal document that outlines how you would like your assets to be distributed after your death. A will has no validity without a court order. A trust, on the other hand, is a private legal arrangement you can control for easy management and transfer of your assets to your beneficiaries only according to your plan and without any approval needed, delays, or expense of having to go through litigation. A trust can help you avoid probate and may offer tax benefits.
While it is recommended that you review your estate plan every three to five years, or whenever you experience a major life change such as marriage, divorce, or the birth of a child, a well-written, comprehensive plan should maintain itself. Reviewing your estate plan can help ensure that it continues to meet your needs, reflects your current wishes, and leave little or nothing to chance or predators.
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