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Revocable Living Trust Paul Rabalais Revocable Living Trust Paul Rabalais

Does a Living Trust REALLY Avoid Probate?

circumstances surrounding when someone, or a couple, creates a living trust to avoid the attorney and court-involved probate process at death, but then when they pass away, a probate is still required.With a living trust based estate plan, the concept is create your living trust instrument which dictates who inherits from you, then transfer your assets from your name to your trust, and then when you pass away, those assets can be transferred out of your trust to your beneficiaries without the expense and delays of probate.

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Revocable Living Trust Paul Rabalais Revocable Living Trust Paul Rabalais

Does a Living Trust Replace Power of Attorney?

When someone thinks about the reasons to create a living trust, it’s not common to first think about making it easier for loved ones to transact for you during your lifetime when you become incapacitated. In fact, when most people think about the living trust, they first think “avoid probate.” And when someone thinks about having another transact for them in the event of incapacity, they think durable power of attorney.

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