Alan R. Horvath, Attorney at Law
Using a Trust for Probate Avoidance

Because a trust survives the death of a trustee, and the trust assets automatically become the property of the
successor trustee, a trust can be used as a vehicle to avoid probate.  Rather than making a will, the settlor puts all his
property into a trust.  He may choose to be the initial trustee or not.  The key is that who will be trustee after his death
is the same person he would otherwise have named as his executor.  With a trust, the property will automatically
become the property of this trustee, and the trust will give instructions to the trustee as to how and when the property
is to be distributed.  No probate is necessary because ownership of the assets has already been determined.

If this sounds like legal mumbo jumbo, it is, but it is legal, it works, and it is now common practice.

Note that the result of avoiding the court is that you are putting total trust in your trustee.  
Phone:       209 754-5291  
Fax:       209 754-5293  
ahorvathlaw@sbcglobal.net
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249