Q: I have a 98 year old father. He has a will. Is there a way to avoid probate on is condo or does his will do that?
His will splits his estate 50-50 between my sister and myself. I have financial POA.
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A: A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.
A: A will does not avoid probate. You can consult an attorney to prepare a Transfer on Death Affidavit to record with the Recorder's office. That will transfer outside of probate. Alternately, you can create a trust and transfer the condo to the trustee.
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