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Estate Planning & Assett Protection - Important

By
Real Estate Agent with Realty Executives Platinum

As real estate agents it is out job to educate our clients when purchasea home. Although most of us are not attorneys or CPA's, we can not get legal or accounting advice but we are able to suggest to our clients to seek additional advice.

One topic that I do not believe is discussed often enough is the importance of a living will and trust.  I know that most people do not like to think about their final days and figure they will do it later, but we need to instill the importance to protect their assets and to spare some grief if that day should come sooner then expected.

Living wills and trusts are not very expensive and can even be done on-line (legalzoom).  If a Will and Trust is established before escrow closes you an have escrow record the property into the trust after it closes so that you do not forget to do it.

It is also VERYimportant to remind your clients that if they refi their home to be sure they record the property back into the trust. Several years ago I had a client that put their home in a trust and then did a refi. The owner planned on putting the home back into the trust and never got around to it and then suddenly passes away. The family had a horrible time dealing with the death of their loved one and the on top of it have to deal with the Probate paperwork that could have so easily been avoided had the property been in a trust.

Maybe a good closing gift would be a referal to a good estate attorney - and who knows maybe you will get a few referals back!

Comments(4)

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Ricardo Bueno
Diverse Solutions - Los Angeles, CA

Probate is always a lengthy and emotionally draining process; or at least for the most part it can be.

I have a post at my blog Equity Growth that references Estate Planning and the tax implications of having a high net worth estate. Estate Planning: Do I Need It?

Aug 02, 2007 08:17 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Me and my wife just spent $200 when we found out the state was going to decide who got my kids if we should die. I personally didn't like that very much, so we met with my younger sister and asked if she would take our kids if we should pass on for what ever reason. She was honored and we got our will written the next day!

Aug 03, 2007 05:12 PM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Donna, like you said anyone can do a living will but will they do it right? The cost of screwing up is much more than the cost of having it done properly in the first place. My guess is that if an attorney had prepared the trust in question he would have been notified of the "change" in the status of the housse and could have corrected it in time.

Bill Roberts

Aug 05, 2007 01:15 PM
George Tallabas
RE/MAX Advantage - Nampa, ID
Idaho Real Estate
Thanks Donna for giving us all the heads up.  Yes, many don't want to think about these things but you are right, it is very, very important.  Have a wonderful week.
Aug 05, 2007 03:10 PM