How can I avoid probate for out-of-state real estate?

To avoid probate for out-of-state real estate, consider establishing a revocable living trust. By transferring ownership of your assets into the trust, you can manage and distribute them without court involvement after your death.

What is ancillary probate?

Ancillary probate is a separate probate process that occurs in a state where you own property outside your primary residence. Your family may need to open an ancillary probate case to manage and distribute that property after your death.

Why is probate a problem for families?

Probate can be a problem for families because it adds time, cost, and complexity to the process of distributing assets. This can lead to additional grief and expenses for loved ones during an already difficult time.

What role does a successor trustee play in a revocable living trust?

A successor trustee manages and distributes your assets according to your wishes after your death. They can do this without court involvement, which saves time and reduces costs for your beneficiaries.

When should I consider creating an estate plan?

You should consider creating an estate plan if you own property in another state or want to ensure your assets are distributed according to your wishes after your passing. It's best to address this before any potential probate issues arise.

Spare Your Family: Avoid Probate For Solely Owned Out-of-State Real Estate

spare your family avoid probate for out of state real estate planning atlanta ga

Your estate plan should help your family avoid probate for out-of-state owned real estate after your death.

Owning property in another state can be a great benefit. This includes a vacation home, timeshare, or family property. However, it can also create challenges after your death.

When you own out-of-state property, your family often cannot avoid probate. They may need to go through a second process called ancillary probate. This means opening a separate probate case in that state.

Ancillary probate can add time, cost, and complexity. Your family may need to hire an attorney in each state where property is located.

Probate is a headache everyone wants to avoid. Having to go through probate in another state is even worse.

The good news though is that all probate can be avoided if you make the avoidance of all probate a priority.

The best way to avoid probate is to make sure you discuss all property owned solely or jointly when establishing your estate and asset protection plan with your attorney.

A revocable living trust helps you avoid probate for most property you own. To make it work, you must transfer ownership of your assets into the trust. Once you do, you keep full control and access to those assets during your lifetime.

You can also change or revoke the trust at any time. This flexibility makes it a popular estate planning tool.

At your death, the person you name as successor trustee takes over. They can manage and distribute your assets without court involvement. This process saves time, reduces costs, and allows your beneficiaries to receive property more quickly.

If you don’t have an estate plan and you do own property in another state, now’s a good time to think about how you want those assets distributed upon your passing.

This is one area that causes so much avoidable grief and additional expenses for your loved ones. Give us a call today and let us help you avoid all the headaches associated with any probate, especially ancillary or multi-state probate.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

Strategy Session

Stacy McKenzie

2 years ago

Shannon and her team were great. Went in for a consultation and got my money worth. She explained and made sure we understood. I will be using them in the future.

Diane J

3 years ago

Waheed Hamid

3 years ago

We had excellent service from Shannon and her team, they are true professionals and helped us and explained every step in the process. We highly recommend The Estate and Asset Protection Law Firm.

Virgil Price Young

3 years ago

Stephanie Deal

3 years ago

My father and I recently used the estate, an asset protection, law, firm for new wheels, new, power of attorney’s, and a creation of a trust. Brooke and her entire team could not have been more helpful and more professional! We loved working with them, and they took everything seriously therefore I didn’t have to worry about a thing. I highly recommend everyone at the law firm.

Barry Amos

3 years ago

Great firm. Had answers to all our questions and explained everything clearly. Never felt rushed to make a decision Could not ask for a better experience. Every one we dealt with was professional and knowledgeable. We highly recommend this firm for estate planning.

Lee Jay

3 years ago

Shannon provided invaluable information regarding a family estate matter. Although her firm did not quite fit our immediate needs, the consultation was informative and extremely HELPFUL! Shannon clearly explained what our next steps should be and offered to assist if we had any questions along the way. Her expertise and willingness to help puts her in a league of her own!

Alice Guppy

4 years ago

Shannon and everyone at The Estate and Asset Protection Law Firm are professional, very knowledgeable, and a pleasure to work with. They answered all our questions in great detail and the plan they developed for us is exactly what we need to protect our assets and estate as we age especially with my husband's health issues.

Lynn McKibbin-Moore

4 years ago

My husband has dementia. This firm has been patient, kind and professional while we went through a move from a house of 37 years in to a condo to be closer to my daughter and her husband. (Miami to Atlanta). There was also a wedding. All in 6 months.
We now have a trust, power of attorney. Wills for my daughter and her husband and more. All at a fair price. I could not recommend higher.

Tammy Lee

5 years ago

Shannon Pawley and her team are exceptional at helping families navigate tough situations. We began working with her upon finding out my father had Stage 4 kidney cancer. His decline was more rapid than expected.
Attorney Pawley and her entire team expedited paperwork that allowed me to focus on my father’s care, make decisions that suddenly needed to be made for him medically and financially, and has allowed me the ability to focus more on grieving and less on legal matters upon his passing.
It is obvious she is knowledgeable about the best ways to navigate estates to protect the assets for the owners and their loved ones. It is just as obvious that she is passionate and has true heart for what her clients go through.
We will be using her for own estate needs, and I recommend her expertise to everybody I can.
This service is worth every penny we paid as it has saved us more money and time than I could imagine.

H Jessie Brewer

5 years ago

Attorney Shannon Pawley and paralegal Alexis McCoy are legal professionals that my wife and I highly recommend. Their grasp of the Georgia law pertaining to Medicaid assistance and the interworking's of the State department is exceptional. Additionally, their client-attorney relationship skills are excellent. We wouldn't hesitate to use this law firm again should the need arise.

Dawn Hardy

5 years ago

Shannon and her team are the best! They listened to my needs and provided the best advice. They are patient and professional as well as personable, they didn't make me feel like I was just another client. Highly recommend!