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quest

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PostPosted: Sat Oct 28, 2006 2:28 pm    Post subject: inherit the house

we are four children who are going to inherit our father's house upon his death. what would be way to avoid probate delays and costs after his death and easily inherit the house
 
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Icon Mini Profile colin
colin
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Joined: 30 Jun 2006

Posts: 602
Location: Waltham, Massachusetts


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PostPosted: Sat Oct 28, 2006 3:09 pm    Post subject:

Hi,

One way to avoid going through a probate and the involved costs would be to create a living trust with any one of you four brothers named the successor trustee.

After his death all the assets of the living trust will pass over to you all without probate being necessary as per the terms that are set for the living trust.

Thanks
Colin
 
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M. Kay

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PostPosted: Sat Oct 28, 2006 3:21 pm    Post subject:

Yes, living trust is a good option and as long as your father is alive, he will have the authority to manage his property as usual, as he is having now and would be able to sell or refinance it if he likes.
 
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Icon Mini Profile blue
blue


Joined: 21 Oct 2005

Posts: 1138
Location: MARYLAND


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PostPosted: Sat Oct 28, 2006 3:56 pm    Post subject:

Hi Quest,

Probate is carried out to distribute property which exists in the name of the deceased. So, if the property is transferred to a living trust, then the trust and not the deceased person gets to own the assets. So, creating a living trust is preferable. The information provided in our previous discussion will help you to know how your father can Create the living trust.

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Icon Mini Profile Samantha
Samantha
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Joined: 16 Sep 2005

Posts: 1539
Location: MASSACHUSETTS


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PostPosted: Sun Oct 29, 2006 10:52 pm    Post subject: RE: How to avoid probate and inherit property

Hi Guest,

Another way to inherit the house without probate is to let your father sign a beneficiary deed. Your father needs to sign the deed while he is still alive.

The deed may have the names of all the would-be owners or beneficiaries but your father will retain the legal right to stay in the property or refinance it. He can also offer rooms for renting purposes or provide some office space. In other words, your father being the original owner can do anything he wishes to do with the property throughout his lifetime without taking your (beneficiary) permission. And, after his death, you can easily inherit the property along with others without probate.

Hope this information will help to clarify your doubt.

God bless you

Samantha.

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