Trusts as an Alternative to Probate

Trusts are often used to avoid probate court and for a variety of other reasons. A trust is a creature of the law that can take legal ownership of one's property while one retains all the advantages and disadvantages of controlling and using it. If a decedent has placed property into the name of a trust, this property technically does not belong to him or her anymore. Therefore, assets held by the trust are not subject to the jurisdiction of the probate court.

In addition to avoiding probate, trusts that also provide tax savings can be created. Trusts are not for everyone, but for those who can use a trust, they are very powerful estate planning tools.

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