LAWCHEK� & Lawsonline�
Personal Legal Sourcebooks
"LAWCHEK� Wills & Estates"

This is not a substitute for legal advice.  An attorney must be consulted.

"This work is protected under the copyright laws of the United States.  No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner.  Copyright � 2003 by LAWCHEK, LTD."

BACK TO QUESTIONS & ANSWERS

What are exempt assets? (assets not included in probate schedule)

Certain assets owned by a decedent do not pass through probate administration because of the manner in which title (ownership) was held at the time of death. For example, life insurance and retirement accounts usually have named beneficiaries.  However, if the named beneficiary is the estate of the deceased, then the proceeds could be subject to probate. If the named beneficiaries are individuals or charities, then probate is bypassed. A second significant category of nonprobate property is property held as joint tenants with right of survivorship. At the death of the first co-tenant, the property passes to the surviving co-tenant(s) without probate administration. A revocable trust is a third category of property that bypasses probate administration. However, title to the assets held by the trust must have been properly transferred to the trust in order for them to avoid probate. See also question on why it is important to have a Will.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

BACK TO QUESTIONS & ANSWERS

 

 

LAWCHEK� Home Lawsonline� Home

Please contact us with any questions or comments by e-mail at webmaster@lawchek.net
or by phone at 1-800-529-5121.

Membership Terms & Conditions
Privacy Policy
Disclaimer

 

This site produced and powered  by enlighten technologies, inc�.
COPYRIGHT � 1994 -  2013 enlighten technologies incorporated�