What Your Attorney Might Not Have Told You

Thursday, December 07, 2023

Bascom Law Blog/Estate Planning Misconceptions/What Your Attorney Might Not Have Told You

How confident are you that your estate plan is foolproof in the face of life's uncertainties? Let's uncover the truths that your attorney might not have shared with you.

The Myth of Wills and Probate:

Did your attorney inform you about the common misconception that all Wills go to probate court? It's a surprising reality many people overlook. Without a carefully crafted Will, the default rules of the state you reside in will dictate the fate of your assets.

The Probate Predicament:

Probate court, often deemed inconvenient, can be a lengthy process, averaging 9-15 months. What's more, the executor of a Will may receive a substantial 5% of the assets, while the Trustee is compensated at 1% of the Trust's assets. Understanding the ins and outs of probate is crucial for anyone navigating the estate planning landscape.

The Importance of a Written Plan:

How are your assets titled, and do you have a written plan in place? Keeping your plan current is paramount. Without proper attention, even the most meticulously designed estate plan can become outdated and ineffective. It's essential to regularly review and update to ensure your wishes are accurately reflected.

Government Default Rules:

Were you aware that without a Will describing your wishes, the government defaults to the rules of the state you reside in? This lack of specificity can lead to outcomes you might not desire. Taking control of your estate planning means understanding these nuances and proactively addressing them.

Don't be caught off guard—be informed, be prepared. Make sure your plan is not just in place but is tailored to your unique circumstances. Stay tuned for more insights that will empower you on your journey to securing your legacy.

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Hi, I Am Mike Bascom

Author, CEO and Founder of Bascom Law, P.C. 

Attorney Mike Bascom devotes his practice to estate planning. He helps individuals and families achieve peace of mind by leaving their wealth to whomever they want, whenever they want, in the way they want, all with the least amount of government interference and taxation.

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