Anonymous wrote:

Anonymous wrote:We're redoing our estate planning, in Maryland. Like OP, we'll have a pour-over will and living trusts. From our conversation with the lawyer, it's clear that certain decisions of ours, like disinheriting an heir, could be challenged in court. But those decisions are stated in the trusts, not the will. So while the trusts may avoid probate per se, it seems like the court will have something to say about them.

Wow. On what grounds can they do that? Assuming that your intentions are clear. I thought the courts only got involved when things weren’t clear.

An heir could also claim that a beneficiary exerted "undue influence" on the testator to cut the heir out of the inheritance. They'd have to provide evidence.

I would state it in the will too. Clarity is key if they would normally inherit.

Anonymous wrote:We're redoing our estate planning, in Maryland. Like OP, we'll have a pour-over will and living trusts. From our conversation with the lawyer, it's clear that certain decisions of ours, like disinheriting an heir, could be challenged in court. But those decisions are stated in the trusts, not the will. So while the trusts may avoid probate per se, it seems like the court will have something to say about them.

Wow. On what grounds can they do that? Assuming that your intentions are clear. I thought the courts only got involved when things weren’t clear.

In Va, assuming one spouse dies before the other and not concurrently, your items 1-4 would not go thru probate.

Wills go through probate and are public and can take time to go through court, especially if complex. Trusts are private and can be more seamless to distribute. Challenges can happen with either, but no one will know about the terms of the trust except the personal representative.

We're redoing our estate planning, in Maryland. Like OP, we'll have a pour-over will and living trusts. From our conversation with the lawyer, it's clear that certain decisions of ours, like disinheriting an heir, could be challenged in court. But those decisions are stated in the trusts, not the will. So while the trusts may avoid probate per se, it seems like the court will have something to say about them.

Anonymous wrote:I’m in Florida and we were just setting up Will and trust and they definitely avoid probate.

Our lawyer is putting the house in the trust. Here in Florida vehicles stay out of probate though so we’re not bothering unless we get a new one.

I’m in Florida and we were just setting up Will and trust and they definitely avoid probate.

Anonymous wrote:Probably rehashed several times, but I'll ask anyways..

I came across a promo video where the lawyer was claiming that in some states (FL was one I remember) wills and revocable/irrevocable trusts have to go through probate and he has a fix for that so give him a call.. Maybe it's a new thing but I thought if assets are properly titled to a Trust, they avoid probate. So I have some questions for those situations in the state of Virginia..

Spouse and I have a Revocable Trusts set up as well as pour-over will. Which of these assets will have to go through probate when we die, in Fairfax County, Virginia?

1. Primary residence - In both our names. Not moved over to Trust
2. Investment Accounts/Bank Accounts - Titled in the name of the Trust
3. Investment accounts/Bank Accounts - Titled in our names (joint or individual) with Trust or other individual named as beneficiary
4. Vehicles - Titled in our individual names

Bolded is the only part of your post that matters. Don't assume anything this person says is true.

Probably rehashed several times, but I'll ask anyways..

I came across a promo video where the lawyer was claiming that in some states (FL was one I remember) wills and revocable/irrevocable trusts have to go through probate and he has a fix for that so give him a call.. Maybe it's a new thing but I thought if assets are properly titled to a Trust, they avoid probate. So I have some questions for those situations in the state of Virginia..

Spouse and I have a Revocable Trusts set up as well as pour-over will. Which of these assets will have to go through probate when we die, in Fairfax County, Virginia?

1. Primary residence - In both our names. Not moved over to Trust
2. Investment Accounts/Bank Accounts - Titled in the name of the Trust
3. Investment accounts/Bank Accounts - Titled in our names (joint or individual) with Trust or other individual named as beneficiary
4. Vehicles - Titled in our individual names