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better to post in an old thread than start a new one.
I really hadn’t thought of a trust. But thanks to this being brought up I am now.
me and my wife have been discussing this topic now for the last few months. He’s dad passed away last year with out a will. And watching the legal battle my wife and her siblings were drug into by people that weren’t family relation was horrible. The money spent and almost year long legal dispute was horrible for them. Like I said they were sued by non family members.
Trusts definitely have their place, but they are not going to completely eliminate probate proceedings, especially if someone throws a fit.
seems like there is always going to be something not named in a trust or stuff no longer around that was declared to have belonged to someone that didn't get it.. Can you just declare "Bob" to be the co-owner of "all the garbage I forgot to mention"?
Can you just declare "Bob" to be the co-owner of "all the garbage I forgot to mention"?
Yes, pretty much. Attorney's can use language that includes "all the garbage" as well as future garbage that may be purchased.
We didn't have a single issue when my parents living trust was dissolved after my Mom passed in 2017, and in fact, one of the BIGGEST reasons to get a trust is to completely bypass any probate/court proceedings.
I asked my question in the previous post because I was curious if you encountered a problem and had a different experience.
seems like there is always going to be something not named in a trust or stuff no longer around that was declared to have belonged to someone that didn't get it.. Can you just declare "Bob" to be the co-owner of "all the garbage I forgot to mention"?
Yes, there is a clause, or should be, for things that dont have a title of ownership. As well, any appraisals should be included like for jewelry, clothing, antiques.... or agreed upon values. "At time of..." is also an important part of value. Things gain or lose value.
When my family wrote theirs, my dads truck was part of it and it was worth more. They realized it was not doing the truck any good just sitting there and I was listed as first decision. All the benefactors were asked if it was ok to give me the truck, they agreed and boom.
I guess we're lucky as we have a good relationship with the extended family so we dont expect any nonsense. I've seen a few families go to war over estates and spend years in court. Theres currently a friend whos sister had power of attorney and basically stole about 700k from their mother. They've been fighting this for about 3 years. Its ugly. If there was a trust, there would have been no issues.
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