Conclusion: Not Everyone Should Avoid Probate

This is the final post in the series about times when probate can be a good way to accomplish a client's goals.

In conclusion, I want to make it clear that I advise most clients to work to avoid probate.  Probate usually has more negatives than positives.  Many of the examples I used in the series would not have had to resort to probate if the original planning had involved a living trust.   Having a fully funded living trust gives you the option to avoid probate unless it proves useful for the shortening of creditor claims or other reasons.  The point is to provide the ones you have with a choice rather than forcing probate upon them. 

Avoiding probate isn't the primary goal, but it's often a way to achieve other goals, such as minimizing expense, hassle and delay.  However,  having a good estate planning attorney will recognize that probate is just a tool in the toolbox.  In uncommon circumstances that may not be apparent until after a death, probate might be the tool that best achieves a client's goals for family harmony, faster resolution or other concerns. 

 
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