Over the years I have frequently heard clients and others argue against probate as a means to distribute property on death. Sometimes the commentary follows viewing a television program by a commentator such as Suze Orman who is a California based financial planner. Sometimes the individual has read commonly cited statements regarding differences between living trusts and wills with the strong preference leaning in the direction of living trusts.
One point I try to make is that there can be and usually are huge differences among states when it comes to distribution of property on death, that is, for instance, California is not Pennsylvania, and, further, what works for one person in one situation does not necessarily assist another under entirely different circumstances.
Revocable living trusts, jointly titled property and payable on death (POD) and transfer on death (TOD) accounts have all been considered as means to avoid what one commentator I read called “the nightmare of probate.” Still the question remains is probate in Pennsylvania such a terrible alternative generally speaking? I would submit it is not more difficult for most estates and even extreme measures to try to avoid it sometimes result in awkward and unexpected results. The right tool is needed for the right situation whether it is by transfer of property by Will (probate) or by Trust and often probate in Pennsylvania works just fine, notwithstanding alleged horror stories many of which originate in other states. That does not mean there are not some stumbling blocks in settling estates. It means those obstacles can appear whether there is a Will or Living Trust or other means of distribution. Here is some background and are some considerations to take into account.
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.