What do we need to do to keep our home out of probate if we

mulletnmangos1 · Joined: 08 Sep 2007 Posts: 1 1.27 Dollars($)

We have 3 grown children, if we die we want the home to go to them and not into probate, and can a lawyer be avoided after our death?

livinginnky · Posted: Sat Sep 08, 2007 9:33 pm Post subject:

Most problems can be avoided by having a will made up by a good attorney now. You need to consider different things like what type of ownership you will give them. Most people don't like to talk to lawyers but this is a situation were it important to have one. It is not any fun to deal with an untimely death and have assets that people want and need.

Also you could consider giving it to them now. If you don't owe any many on it it would be as simple as transfering ownership to them. Look into what type of trusts are available to you. Just remember it is better to take care of these things sooner than later.

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Mullentnmangoes,

If you have not made a will till now and also want to avoid any probate proceeding to be carried out on your property after your death, then in that case, your children will have to file an affidavit of heirship.

This will help to transfer the property in the name of your children after your death and at the same time will also remove your name from the title. In this way, they can avoid the probate.

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