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Probate: 3 Easy Ways to Avoid it

Probate is the court process used to determine who gets an inheritance. In the eyes of a financial planner, it is a court process that most clients should try to avoid for many reasons. The probate process is time-consuming, usually lasting about a year depending on how backed up the courts are. The expense for probate is very high, which includes thousands of dollars going towards attorney and court fees. Probate is also a public court event in which potential heirs can object to the ruling pretty easily, causing privacy concerns and more attorney costs. While probate can have its time and place, there are some simple ways to avoid probate. 

Let’s take a look at three easy steps you can take now to keep your loved ones from having to deal with probate.

  1. Primary Beneficiary Designations – If a 401(k) account or life insurance policy lists a primary beneficiary, the account avoids probate and passes directly to the listed beneficiary. For brokerage accounts this is usually referred to as a Transfer-On-Death (TOD) account, and for bank accounts this is referred to as a Payable-On-Death account.
  1. Contingent Beneficiary Designations – Setting a contingent beneficiary is also an easy way to help avoid probate. The contingent beneficiary is the person(s) next in line to inherit if the primary beneficiary has already passed away at the time of the account holder’s passing. 
  1. Retitle Your Automobile & House – Don’t forget about your car and home! If your vehicle or house are listed in your name alone, they would turn into probate assets at the time of your passing. Some states have introduced TOD car and house titling as a way to avoid needing probate if the owner passes away. Also, you and your spouse should consider owning the car and house jointly with rights of survivorship, as another way to avoid probate.

These planning points provided today are just some of the easy actions you can do yourself.  There are more ways to avoid probate, but they get a little more complex and depend on your personal situation. 

With legal matters like this, it is always a good idea to start working with an estate planning attorney, as well as with a financial advisor. Work with a Warren Street Wealth Advisor today to get your personalized financial plan and more guidance on estate planning.

Bryan Cassick, MBA, CFP®

Wealth Advisor, Warren Street Wealth Advisors

Investment Advisor Representative, Warren Street Wealth Advisors, LLC., a Registered Investment Advisor

The information presented here represents opinions and is not meant as personal or actionable advice to any individual, corporation, or other entity. Any investments discussed carry unique risks and should be carefully considered and reviewed by you and your financial professional. Nothing in this document is a solicitation to buy or sell any securities, or an attempt to furnish personal investment advice. Warren Street Wealth Advisors may own securities referenced in this document. Due to the static nature of content, securities held may change over time and current trades may be contrary to outdated publications. Form ADV available upon request 714-876-6200.

Chevron Employees: Avoid These Common Estate Planning Mistakes

Estate planning is one of the most important things you can do to protect your family and your assets. It ensures that your assets and belongings go exactly where you want them and saves your family an immense amount of stress, pain, and cost. Still, estate planning often becomes an afterthought, something that’s a “long way off” or “not a top priority right now.” 

The good news is that estate planning isn’t as complicated as it sounds. You can establish the key documents you need with much less effort or investment than you might think. In my 33 years of advising Chevron employees, here are the most common mistakes I’ve seen and the steps you can take to avoid them. 

1. Underestimating probate.

Too often, people put off estate planning because they don’t realize the alternative. If you didn’t have key estate documents in place, and something were to happen to you, all of your assets would go to probate. That is basically a simple way of saying the government would decide for you — in a very long, expensive, and public way — what to do with your assets. 

I’ve seen probate negatively impact already grieving families who don’t have the bandwidth or money to deal with the probate process. It makes everything much simpler for your surviving family to have all of your documents in place, so they can focus on things that matter instead of the cost and process of dividing up your assets.

2. Believing estate plans are just for the rich.

Estate planning might sound fancy, but estate plans are not just for the wealthy. The six estate planning documents everyone should have include: 1) Will/trust, 2) Durable power of attorney, 3) Beneficiary designations, 4) Letter of intent, 5) Healthcare power of attorney, and 6) Guardianship designations. Beneficiary and guardianship designations are particularly critical for those with minor children, as they allow you to decide who would look after them. 

A will or trust should be one of the core components of every estate plan, regardless of the amount of assets. These documents ensure that your assets go exactly where you want them. A durable power of attorney sets whom you would want to make decisions for you if you were unable to (otherwise, it would be up to the courts) — and the same principle applies to the healthcare power of attorney. Your letter of intent streamlines asset distribution and can also include wishes for your funeral. Beneficiary and guardianship designations state your wishes for your children and other beneficiaries. 

3. Assuming estate plans are too expensive.

Having your assets go through probate is actually far messier and more expensive than creating an estate plan. How much more expensive? The average cost for probate and attorney fees for a $1MM estate is $46,000. The fee to set up an estate plan, on the other hand, averages just a few thousand dollars. That’s a drop in the bucket compared to probate, not to mention you also save your family time and stress by outlining everything in advance. 

Most importantly, an estate plan leaves nothing to chance or guessing. Estate documents make it exceedingly clear whom you would like to take care of your children, get ownership of your house, inherit your money, etc. You can also detail how inheritance should occur (at specific ages, in specific percentages over time, etc.).

For more detail on how to set up your estate plan, join Warren Street and Hunsberger Dunn for a “Will, Trusts, & Estate Planning Webinar” Sept. 27. We’ll break down how to know if you need a living trust, best practices for creating wills and trusts, and more! Estate planning can seem convoluted, but we’re here for you to help make it as streamlined as possible. 

Have questions about your Chevron retirement plan? Len is an expert in Chevron benefits and would be happy to meet with you. Click here to schedule a complimentary consultation with him. 

Len Hanson

Wealth Advisor, Warren Street Wealth Advisors

Investment Advisor Representative, Warren Street Wealth Advisors, LLC., a Registered Investment Advisor

The information presented here represents opinions and is not meant as personal or actionable advice to any individual, corporation, or other entity. Any investments discussed carry unique risks and should be carefully considered and reviewed by you and your financial professional. Nothing in this document is a solicitation to buy or sell any securities, or an attempt to furnish personal investment advice. Warren Street Wealth Advisors may own securities referenced in this document. Due to the static nature of content, securities held may change over time and current trades may be contrary to outdated publications. Form ADV available upon request 714-876-6200.