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Question

Second marriage for 9 years; with prenup stating his money to his heirs and mine to my heirs. but joint property of home, two vehicles to surviving spouse. BUT recent family nightmare has us asking in case we die together will our Will that directs his son and my son to sell joint property with two signatures and split the money be sufficient or must this be put into a trust? If no trust and only use Wills does it have to go probate?? We also have POA and Health Directives. Sylvia Waugaman XXXXX@XXXXXX.XXX

Submitted: 17 days and 9 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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State/Country relating to Question: Oklahoma

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Posted by LegalBeacon 17 days and 9 hours ago.

Answer

Good evening to you. I understand your concern, but the provision you mention in your wills will suffice without the necessity of a trust.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

 

17 days and 9 hours ago.

Reply

the question is if we do not do the trust will it have to go to probate. or will trust prevent that. thanks so much,

Accepted Answer

It depends. In order for it to avoid probate, you will have to give it away now....meaning you can't retain control over the property or the trust. So, you cannot retain a life interest in the property. You are not going want to do this with your home and vehicles, because either way it will be in your estates. But, I don't see why you really care because you have your other assets going through probate. It's just simply that you will each own 1/2 of these particular assets.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Expert: LegalBeacon
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/5/2009

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