If a real estate asset did not get into our family Trust before my husband recently died, is there another way to do this without going through ptobate?

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If a real estate asset did not get into our family Trust before my husband recently died, is there another way to do this without going through ptobate?

I have been told probate is the only way.

Asked on July 29, 2014 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  Who told you that?  Was the asset jointly held with rights of survivorship between you?  Then it would have passed to you at the time of your husband's death and probate would not be necessary.  You could then transfer it in to the Trust yourself. And if you had a "pour over" Will in place many states allow the transfer within a time frame after death.  But reading the Trust and looking at the asset is the key.  So an estate planner or estate attorney could tell you on consultation.  Good luck.


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