If I’m an only child and my mother’s POA, as well as on her advanced directive, does she need to get a living Trust or will her Will keep her estate out of probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m an only child and my mother’s POA, as well as on her advanced directive, does she need to get a living Trust or will her Will keep her estate out of probate?
Her estate is valued at less than $90,000.
Asked on January 16, 2014 under Estate Planning, Oklahoma
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 10 years ago | Contributor
Her Will does not keep her estate out of probate. However, that may not be a very big problem. Her is potential estate is relatively small right now. Many states have a simplified probate procedure for smaller estates (in California, this currently applies to estates valued at less than $150,000). So it may not be too expensive or time consuming to go through probate.
Your mother may want to use a living trust for other reasons, however. For example, distributions through probate are a matter of public record, but distributions from a trust are not. Your mother should talk to a local estate planning or probate attorney to find the best strategy for her.
By the way, you may already know this, but the POA and advanced directive do not help you administer the estate. They are only effective during your mother's lifetime, and they become useless upon her death.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.