Legal Question in Wills and Trusts in Illinois

Re: estate in trust no probate

If you put your assets, including your house, into a revocable living trust, with you as trustee, you can avoid probate. If you put your house into the trust you can avoid putting your home in your son's name. There can be many problems with that (i.e., divorce, creditors, etc.). Your son will be considered an owner. Please call me for an appointment to set up a revocable living trust for you. Although a living trust is expensive to create, because its so complicated, it is MUCH less expensive than probate.

Re: estate in trust no probate

Depending on your assets owned (type, value, etc.), and how you own them (in joint tenancy, solely), there are numerous ways to plan to avoid an eventual probate of your estate.

In order to determine what is best for you and your family, you should consult with an estate planning attorney to review your options.

Generally speaking, it is possible to transfer real estate into an appropriate trust to avoid having a probatible estate.

In addition, it is possible to add persons to the title of your property in order to have the property go directly to them when you die.

Again, I can't emphasize enough that estate planning is very individualized and what is right for other people may not be right for you. Only an attorney who practices this type of law and who knows about you, your assets, and your goals, can properly advise you.

Please consult with an attorney before acting on this.