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Justv389 Asked May 2013

Can I avoid the cost of probate by having my mothers assets in a trust?

My father recently passed and I discovered their home was only in his name. The lawyer told me I had to have my fathers will probated and it will cost at least $400. This is the same lawyer who wrote their wills. Wouldn't having a trust avoid more cost to us?

jujubean Jun 2013
Ya I need a lawyer too....I was saying somewhere else here there is no sharp ones.elder specialist within 100miles of me Is it possible to conduct business like that remotely over the internet etc....or should one have a face to face relationship...I saw an eldercare specialist on this site who is in florida he sounded so sharp on all the issues I wanna call him I guess and ask!!

Justv389 Jun 2013
jujubean
From what I understand, probate is a filing of the death certificate and then changing the name on a deed. At least that is what the lawyer said. If you don't have a will or a trust the state gets involved. I have to get another opinion so if anyone has a good elder law in Pittsburgh I would appreciate a referral!

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jujubean Jun 2013
OK I am ignorant...what is probate? No one did anything (legally/with the will, etc) when dad died, I just stepped in and started taking care of mom and her affairs, who is still with us! What will happen when mom passes?

abby33 Jun 2013
At this point, I think it is too late to help your mother with a trust. However, after everything is settled, it will help you if your mom establishes a trust or life estate for her assets. This would keep everything from going into probate once she passes.

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