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Will Substitute

A will substitute is any method of transferring property without using a will that avoids the probate process such as trusts and gifts. Rights of survivorship and POD accounts are also ways to avoid the probate process while at the same time transferring property to someone. Joint tenancy and living trusts avoid the probate process as does tenancy by entirety and certain contacts made during life. To avoid probate in its entirety, a life trust that is irrevocable can be set up and near the end of life all chattel given away to family.

Fast Facts

  • Avoiding probate eases the financial burden on the family and lessened estate taxes.
  • If all property is left to the surviving spouse there are no estate taxes and probate should not be an issue.

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