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How Do I Avoid Probate Court in Two States?

Question: I lived in Montana for most of my life, until my wife and I retired and moved to California earlier this year. We own a house in Sacramento, but we still have our Montana estate. How do I update my estate plan to include two homes in two different states?

Answer: Updating your estate plan now is a great decision. Without it your decedents will have to go through probate courts in both Montana and California. Your heirs’ legal fees will double – as well as their headaches.

Form a California revocable trust and place all of your real properties, including the one in Montana, in it. By creating a revocable trust, you are making the trust itself the owner of your properties, which will help your decedents avoid both California and ancillary foreign state probates.

*Disclaimer: The content of this blog is provided for informational purposes only and is not intended as legal advice. Every legal matter is unique, and the information presented here may not apply to your specific situation. Reading this blog does not create an attorney-client relationship between you and Chauvel & Glatt, LLP. For personalized legal assistance or advice, please contact a qualified attorney. If you would like to discuss your legal needs, we invite you to contact our office to schedule a consultation.

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