How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33796
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I wish to save our descendents from the pain of Probate

Customer Question

I wish to save our descendents from the pain of Probate after I ie. I am having a living trust drawn and wish to exp-ress my wishes with the following statement; This Trust shall not be probated ai any court, State or federal! would this legally void the trust, is it legal to do so.
I notice most living revocable trusts refer to the California probate court.
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

.

One of the specific purposes of a trust is to avoid probate. Anything inside a trust is not an asset of the deceased's probate estate so it does not go through probate by its very nature. It doesn't need to be specifically stated in a trust that it doesn't go through probate....that is legally implied.

.

So as long as you transfer all your assets into a trust, the trustee would then be obligated to distribute assets to the beneficiaries upon the triggering event, usually the maker's death. And the trust assets wouldn't go through probate.

.

.

thanks

Barrister

Related Legal Questions