Business Spotlight in the Duluth Budgeteer

Business Spotlight in the Duluth Budgeteer

Did you know that having a will does not necessarily avoid probate?

The major benefit of a will, a very important one, is assuring that the administration of your estate will be conducted according to your unique personal wishes and not according to the one-size-fits-all direction by the government. However, your estate will still have to go through probate unless you’ve either made death beneficiary designations on your assets or created a trust which is administered outside the probate system.

Often, the best way to have your estate avoid the cost of probate is to have transfer-on-death designations for your various assets. Your home or other real estate can be transferred upon death through the use of a Transfer on Death Deed.

Transfer on Death Deed (T.O.D.D.)

A T.O.D.D. allows the owner of real property to designate a beneficiary for the property and upon the death of the owner, the property passes to the designated beneficiary (usually children) without the need for a costly probate. At Dahlberg Law Office, drafting and recording these T.O.D.D.s for clients, along with other estate planning work, is a major part of our law firm’s practice.

Your estate planning should also include a Power of Attorney and Health Care Directive (“living will”).

POWER OF ATTORNEY – Through a Power of Attorney you appoint someone you trust to take care of your financial affairs while you are living but unable to do so on your own.

HEALTH CARE DIRECTIVE – Through a Health Care Directive you appoint someone you trust to make your own medical decisions for you while you are alive but unable to make those decisions on your own.

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Republished with permission from the Duluth Budgeteer, October 18, 2015.

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