避免遗嘱认证
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The probating of a will permits a court of law to supervise the transfer of assets from the decedent to his or her heirs.
一个典型的遗嘱认证持续大约一年, with six months generally being a minimum time if everything proceeds according to schedule.
因为高昂的律师费, 遗嘱执行人的佣金和诉讼费, and the often-unwanted publicity and the time delay involved in probating an estate, many people attempt to avoid probate administration. Some of the methods of avoidance are listed below.
联合租赁
联合租赁 is a form of title arrangement, usually between spouses. The joint tenancy is dissolved after one tenant dies, with title passing automatically to the surviving joint tenant. T在这里 may be income tax disadvantages to this arrangement. Creditors of either joint tenant can attach the asset. It may also frustrate estate tax savings which are anticipated from carefully drafted wills and trusts.
夫妻共同财产，具有遗属继承权
Title passes automatically to the surviving spouse with no income tax disadvantages as with joint tenancy.
托坦信托
A 托坦信托 is a 车辆 for passing savings accounts to heirs. 存折账户是委托他人保管的. Typical wording would be: "John Doe, in trust for Johnny Doe."
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The proceeds of life insurance are rarely subject to probate administration, unless the insured's estate is the beneficiary or all of the named beneficiaries pre-decease the insured.
一生的礼物
Even gifts made shortly prior to death will avoid probate. However, they may be brought back into the estate for death tax purposes. 也, 礼物将赠与人的基础传递给受赠人, w在这里as appreciated assets in the decedent's estate will generally get a new or stepped-up basis.
可撤销生前信托
The revocable living trust is an effective method of avoiding probate. It has the additional advantage of providing management of the funds for the heirs for some time after the decedent's demise. 也, in the event the person setting up the living trust (also called an inter-vivos trust) becomes mentally incompetent or otherwise incapacitated, a successor trustee can take over management of the estate. Generally, this type of trust will not produce any estate tax savings.
死亡转移(TOD)
Many states have adopted the provisions of the Uniform TOD 安全 Registration Act, which permits securities and securities accounts to be registered so that ownership automatically passes to named beneficiaries at the death of the owner(s).
