Wednesday, June 17, 2009

Transferring Real Property outside of Probate

Many people want to know, How do I leave my legacy to my children without their having to go through the hassle of Probate. Sometimes the fear of probate is unwarranted. Many times the fear of costs for probate prevent people taking the simple step of calling an attorney to inquire. Remember, if you never ask a question, the answer always remains, "NO".

Probate costs are monitored byt he court, with Judges signing off on most fee applications. Many times an attorney will agree to a lesser rate if he or she has represented you or the decedent in the past.

Sometimes however, an attorney may be able to suggest ways to avoid probate altogether. Instruments such as "Life Estate Deeds" and Lady Bird Deeds may be very useful in allowing a senior to maintain control of their property right up until death, then avoid probate by having it transferred through the prior filed deed. Many times you just have to know what questions to ask.

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