Probate Avoidance

At Middleton Law Offices, we counsel our clients on ways to avoid the costly, lengthy, and public nature of probate administration.  Probate is a legal process to transfer a person’s assets upon death, either by will or through the laws of inheritance.  Probate can be time-consuming and expensive, necessitating the involved assistance of legal counsel.  Middleton Law Offices advises clients on viable alternatives to avoid the cumbersome probate process and still achieve the same positive results.

There are a variety of legal constructs available to clients, including:

Joint and survivorship - Any real or personal property held in joint tenancy with a right of survivorship is considered a non-probate asset and upon the death of one joint tenant, will automatically pass to the remaining joint tenant(s).  At Middleton Law Offices, our attorneys are experienced in structuring property conveyances to include a right of survivorship and can further counsel you on the implications of holding property as joint tenants.

Transfer on death - An inter vivos trust is an important legal tool that allows a person to transfer assets to another person now or at some specified time in the future.  It is possible, for example, to pass title to real property, while retaining a life estate that will allow you and your spouse to remain in possession of the property until your death, at which time possession of the property will automatically pass to the beneficiary named in the trust.  Other property not subject to probate includes property that passes by contract, such as a life insurance policy or employee retirement plan.  At Middleton Law Offices, our attorneys can counsel you on alternative legal means to transfer property on or prior to death.

Contact our offices today and speak to a qualified attorney to discuss your estate and the legal tools that will work for you.