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Each state has laws that specifically deal with the probate and administration of your estate. It is best to have your Will drafted and signed according to the laws of your resident state.
The Power of Attorney should be drafted specifically for the laws of the state you live in. The Health Care Power of attorney and Living Will are statutory form documents mandated by the legislature for the state you live in.
Probate in our state is a means to ensure that creditors are paid and that the beneficiaries of your estate are properly distributed the assets as directed by your Will. Life insurance, IRA’s, 401K’s, joint accounts with right of survivorship and real estate held by right of survivorship and real estate held by right of survivorship are not assessed fees by the probate court. Only assets held in your sole name are assessed at $4 per $1,000. Real Estate held in an individual’s name will require a full estate administration to establish who owns the property. A revocable trust is recommended to avoid probate as well as to avoid estate tax when the total estate including life insurance, 401K IRAs, and all other assets is over $6 million. Note the current estate tax is assessed at over 13 million per person but may be reduced to $6 million per person in 2026.
Yes, a survey is recommended because it establishes the property boundaries, identifies any encroachments on the property, and allows the attorney to apply to the title insurance company for insurance as to matters of the survey.
Yes, an attorney’s title search will identify if there are title defects such as unpaid deeds of trust, unpaid taxes judgments and provides certification of marketable title to the property.