Preplanning to avoid probate litigation!

Posted on June 5, 2018 Updated on July 29, 2019

There are several things you can do now while you are alive to prevent your loved ones from having to probate.  This is especially important if you are married and your spouse will be your sole beneficiary.  This is not to say you should not have a will.  Everyone should have a will just in case some asset comes up that we didn’t plan for properly or in the event you die accidentally and litigation ensues.

1. Name Beneficiaries – you can name your beneficiary on various types of accounts, including bank accounts, life insurance, retirement accounts, and investment accounts.  Review these accounts every few years to ensure they have the beneficiary of your choosing.
2. Joint Tenants with Right of Survivorship – when you purchase a house ask the title company have the deed read “joint with right of survivorship” which transfers the house to your spouse immediately upon death.  If you already own your house, you and your spouse can execute a new deed that makes the ownership “joint with right of survivorship” so that the house is automatically transferred upon death.
3. Living Trust – while this may seem to be the most straight forward approach, only an attorney can tell you if you really need one.  Many people get living trusts and never properly fund them so probate turns out to be necessary anyways.  Also a living trust does not protect you from liability as many people think it does.
4. Transfer on Death Deed – this document is a new statutory document created by the Texas Legislator to help protect your real estate.  While this document is a deed, it is not a traditional deed, in that it does not immediately transfer ownership to your beneficiary but allows you to instead retain all ownership rights.  Upon your death the real estate automatically transfers ownership to your named beneficiaries. These types of deeds are used mostly by people wanting to transfer their home to their children or grandchildren upon their death.

For more ideas and ways to plan so your family can avoid probate court contact your attorney!  Remember that “an ounce of prevention is worth a pound of cure”.