Friday, April 5, 2024

 TRUST OR PROBATE......

Is your house in a Trust?  If it is NOT,  you should seriously consider contacting a licensed attorney that specializes in Trusts to find out how this would benefit your estate.  If you pass away,  your home would go into Probate if it is not in a Trust and this would considerably affect your estate and your heirs, both timewise and dollar-wise.  I can't tell you the number of people I've spoken with over the years who say "yes yes I know I should have a Trust " but haven't yet done it.  You should want to make it as easy and smooth as possible for your heirs if something should happen to you and your home needs to be sold.  I am not an attorney but my 44 years of experience listing and selling real estate has been a real "eye opener" when I've listed homes that were "not" in a Trust.  Even more complicated is when the home is not in a Trust and there are several "heirs"  and beneficiaries involved.  Yikes! Occasionally it's a disaster for everyone involved.....and more often than not,  friction among beneficiaries prevails that was not "anticipated" by the homeowner.  Homeowners always think that their "heirs" will all get along and everything would go smoothly if they pass away.   Many times, that is not what happens.  It's not always an easy subject to bring up with your relatives,  but it is a very prudent one to think about or discuss before that time comes.  For many folks,  the equity in a home is one of their best investments and as such,  should be dealt with like your other investments such as retirement funds or rental properties.  Make an appt to speak with a trust attorney so you're prepared...... as homes aren't the only investments that should go in your Trust and an attorney can assist you with doing it correctly.  


I specialize in helping seniors sell their homes when they move into a retirement community or assisted living or pass away.  I'm a Senior Specialist SRES and I take extra time and care when assisting someone who hasn't had a real estate transaction in many years.  I don't give legal advice but always recommend if my clients have legal questions, that they contact a licensed real estate or Trust attorney.