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Barrister, Attorney
Category: Legal
Satisfied Customers: 37362
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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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: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 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.





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