Don’t be like your neighbor, Mr. and Mrs. Lipshitz.
Mr. & Mrs. Lipshitz are uninformed.
They suffer from apathetic ignorance.
They don’t know and they don’t care.
Let me explain how their home gets tied up in the Probate Court System.
When they bought their home the title company or attorney deeded the property as:
Mr. Lipshitz and Mrs. Lipshitz, his wife. That’s “Tenants by the Entirety” very common with Husband and Wife.
What happens with the home when, let’s say, the Husband dies?
Nothing. His joint tenancy dies with him and now, Mrs. Lipshitz owns the home in her own individual name.
What happens when Mrs. Lipshitz dies? The second spouse to die. A new legal theory entity known as “The Estate of Mrs. Lipshitz” owns the home. Now the home HAS to go through the Probate Court System before the adult children heirs get title to the home.
Please understand this fact: Once an individual dies with assets in their own name, (real property, bank accounts, stocks, bonds, mutual funds) those assets HAVE to take a complicated and expensive trip through the Probate Court System.
If you don’t understand that your, Last Will and Testament guarantees your Estate will go through Probate, then you simply don’t understand the document you signed.
One spouse will absolutely predecease the other and once both spouses are dead, BINGO, welcome to the Probate Court System.
There are simple methods to avoid this but the methods must be implemented BEFORE the crisis happens.
Please understand it is your adult children heirs who will have to suffer through and pay the attorney fees and court costs, to Probate your Estate.
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