Due to e-mail, texting and cell phones, the internet in all its varieties, and how easy it is to travel, our world is much small now than ever before. Our Pocatello Estate Planning Attorneys understand that a client may own real estate and property not only where they live but also in other states as well. When an individual owns land, regardless of where it is located, our Lawyers in Pocatello have the skill and knowledge necessary to help them understand the several choices they can make in order to transfer their real estate to other when the pass away.
Our team of Pocatello Estate Planning Lawyers use their experience to help each client plan and prepare to transfer their property including real estate or homes. Our partners Randy Budge and Lane Erickson, and attorneys Nathan Palmer and Dave Bagley work together to create a team Estate Planning Attorneys who work to help each individual client. Our goal is to help each client understand and then choose the option that is best for them and the real estate or property they own. There are three specific things that are important to understand when it comes to using estate planning to transfer real estate.
Owning Real Property in Different StatesFirst, we want our Pocatello clients to understand that owning real estate or property in different states is really not a problem when they have a well thought out plan in place. When a person passes away, probate always occurs in the county and state where the person lived or resided when they died. All of the necessary filings, legal and court proceedings and court appointments, including that of the Personal Representative happen through the probate proceedings in the county and state where the person lived. Our Pocatello attorneys help each of our client’s families through this process for their loved ones, including determining where probate should occur.
Through uniform laws that exist in most states, a person can be appointed as the personal representative in one state and then also be recognized in other states as the personal representative. This allows the same person to act with legal authority in each state where the decedent owned real estate or homes. This is usually done through what is known as an Ancillary Probate which allows a single person to be the personal representative in both states giving them the ability to transfer real estate or homes within each state. Our Pocatello probate lawyers have helped numerous clients through these types of multi-state probate proceedings. We have experience in helping families take care of property in multiple state.
Types of Real Estate OwnershipThe second thing to understand is that in many states there are different types of legal ownership or lands or homes. Some of these ownership options can actually do away with the need to complete probate proceedings. For example, a person may own real estate with another person, such as a spouse or child, as joint tenants with a right of survivorship. When this type of ownership is used often all that needs to be done to transfer ownership away from the decedent to the survivor is to file or record an affidavit of survivorship. The problem is that not all state allow this type of ownership of real property. Additionally, even if you are in a state that does allow this, most people who own real estate with other people do not use a right of survivorship in the transferring documents. The end result is that even an individual only owns a fractional interest in real estate or land, that interest must usually go through probate proceedings to legally transfer title of ownership from the decedent to another.
Our Pocatello estate planning attorneys have decades of experience in helping clients through the process of transferring real estate through probate. We help educate our clients so that they understand that transferring an ownership interest in real estate is usually best done through their Last Will and Testament. Even when a Will isn’t used, our Pocatello probate lawyers have experience helping clients and their families pass real estate from a decedent to others. We can help you and your family too.
Estate Planning Trusts and Real PropertyThe final thing to understand is that there are other estate planning options that can be used to transfer property that don’t include probate. For instance, creating a Trust that will own and manage all of a person’s real estate that may be owned in different states is a great option in many instances. When real estate is owned by a trust there is no need to complete the probate process or provide an affidavit of survivorship. This works well because the trust actually owns the real estate which means the trust can distribute homes, land or other properties at any time after a person’s death without any court involvement.
Creating a trust that owns real estate or land can be simple. Additionally, trust provisions or terms can control the use and transfer of real property or homes so that they are protected for generations. Alternatively, a trust can be used to provide the process of transferring real estate immediately to others when you pass away. Our Pocatello estate planning lawyers have the knowledge to help you and your family in deciding if a trust will work for you. If needed, we can create a trust for your family so you have a plan and a process in place that protects your land and properties.
Enlist a Pocatello Estate Planning Attorney to Help YouIf you own land, a home or other real property in Pocatello Idaho or in other states, our Pocatello attorneys can help you. Whether you are seeking to create a simple estate plan or a trust to protect and transfer your real estate upon your death, we are available to discuss your options at an initial consultation. Call us toll free at 877.232.6101 or 208.232.6101 for a consultation with our attorneys in Pocatello. You can also email us directly at racine@racinelaw.net. We will answer your questions and will help you solve your Pocatello Estate Planning problems.