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Delta-Lawyer, Attorney
Category: Estate Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My Dad owns a home with s aunt whos been dead 5 years. We

Customer Question

My Dad owns a home with his aunt whos been dead 5 years. We are contemplating starting a land trust to protect the home & avoid probate if something happens to him. I am the only child.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Massachusetts
JA: Have you talked to a lawyer yet?
Customer: No. We want to Due Diligence before hand, as not to get raked.
JA: Anything else you think the lawyer should know?
Customer: I'm not sure. Just gathering info at this point.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Delta-Lawyer replied 4 months ago.

I hope this message finds you well. I am a licensed attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today.

A trust is the best way to avoid probate, should something happen to him. You can look at land trust, but you may also want to look at a revocable trust, with you as the trustee/beneficiary of the trust. The revocable trust allows your father to terminate the trust if he needed to while he is alive if he needed to liquidate the property for money. Of course, if he passes and has not revoked the trust, then the property in the trust passes to you. The revocable trust also has the benefit of putting other property and assets into it as well...whereas a land trust would be strictly related to the property.

So, I would recommend looking into a revocable trust. It will allow you to do what you guys desire with some flexibility as well.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE Stars) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 4 months ago.

Did you have any other questions?

Expert:  Delta-Lawyer replied 4 months ago.

Just checking to see if you have any additional questions or concerns. I want you to be as comfortable as possible as you move forward. Best!

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