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01-26-2021, 09:17 AM
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#15
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Senior Member
Join Date: Jun 2019
Posts: 690
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If you don't have anyone that would want to use it, it simply makes sense that you should preplan for its sale, or donation to charity.
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'18 Rockwood 2109S '17 Silverado 2500HD WT. Hookups? What hookups? Mountains, please.
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01-26-2021, 10:12 AM
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#16
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Senior Member
Join Date: Mar 2019
Location: Myrtle Beach
Posts: 1,335
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Quote:
Originally Posted by Teamfoxy
I've seen a couple of errors here. A china cabinet or an auto do not need to go through probate.(At least in FL). A motorhome would, just like any real estate. If after talking to your family you decide that nobody will benifit from it, you are best off to direct that the motorhome be sold and the money be distributed according to the provisions in the will. That way, there is no arguing over value.
The best thing to do is to have a lawyer, familiar with the laws of your state of domicile, make out a will for you. You could wind up saving your family a lot of anguish and problems.
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Are you sure? Our motor home has a title, like any other vehicle, not a deed. But as you posted every state has their own rules.
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Big enough, DH, me and the greys!
2016 Thor ACE, 30.1.
2014 CRV
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01-26-2021, 11:32 AM
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#17
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Senior Member
Join Date: Oct 2020
Location: Ohio
Posts: 532
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We had to put an RV through probate after my mom passed. It was pretty painless. It cost very little for a lawyer to do the paperwork and took a couple weeks. I'm baffled by the desire to avoid probate.
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RV: 2021 Thor Four Winds 26B on Chevy 4500
Toad: 2019 Ford Fiesta Hatchback
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01-26-2021, 11:40 AM
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#18
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Senior Member
Join Date: Aug 2011
Location: Enjoying the Western States!
Posts: 19,676
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Bottom line, as stated above, a trust is much easier than just a will especially if you have many financial dealings and if there are multiple children involved. Also, be sure to give each child a copy so they will know what to expect and what duties they may have to make.
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Full-timed for 16 Years . . .
Traveled 8 yr in a 2004 Newmar Dutch Star 40' Diesel
& 8 yr in a 33' Travel Supreme 5th wheel
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01-26-2021, 02:29 PM
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#19
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Senior Member
Tiffin Owners Club
Join Date: Mar 2018
Location: Hot Springs, VA
Posts: 1,946
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Quote:
Originally Posted by atreis
We had to put an RV through probate after my mom passed. It was pretty painless. It cost very little for a lawyer to do the paperwork and took a couple weeks. I'm baffled by the desire to avoid probate.
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Totally depends on the state. Totally = 100%
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RoadEyePie - 2019 VLRV Beacon 39 GBB
2018 GMC 3500 HD Sierra Denali Durmax Diesel DRW CC LB 4x4
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01-26-2021, 04:04 PM
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#20
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Senior Member
Monaco Owners Club Freightliner Owners Club Holiday Rambler Owners Club
Join Date: Sep 2019
Location: Thornville, Ohio
Posts: 3,662
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I dont get it either. We have a will, but most things are to be divided, unless there are tax benefits to handling differently. I have done my mothers and grandmother estate. One was a living will and the other was a simple will. The living will was simpler but it still all needs to be declared on probate.
Probate is not a big deal. the estate just need to list it and assign values, have a lawyer present it to the probate court along with the will and get permission to sell it or give it away. After a delay to allow people to lay claim to the assets you can sell give away the stuff. do the last year income taxes, declare what the expenses and income and pay probate taxes if any and close the estate. You can do most of the work or have a lawyer do it.
My thoughts are my executors can figure out what to do with our MH. 5 or 10 years from now the person I would give it to might not want it, it might be broken, they may have one, maybe do not have good medical health, etc.....
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Art & Joyce
Thornville, OH
Kia Soul pushing a 36' DP Endeavor
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01-26-2021, 04:17 PM
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#21
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Senior Member
Fleetwood Owners Club Workhorse Chassis Owner
Join Date: Feb 2000
Location: San Jose, Ca, USA
Posts: 2,693
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We had a Trust put together almost 25 years ago, and it's been reviewed and updated a few times since then. What our attorney suggested was that real property should be placed in the Trust, but things like vehicles should not, because you typically change vehicles so often that you would have to keep updating the Trust. What was suggested is that the Trust be accompanied by a simple will that basically says "everything in the estate gets transferred into the Trust at time of death". That worked well for my in-laws when they passed - settling the estate was mostly painless, and very quick.
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Alan Hepburn - San Jose, Ca
2007 Bounder 35E being pushed by a 2020 Jeep Gladiator Sport S or a 2022 Jeep Wrangler Unlimited (JLU) Sport S
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01-26-2021, 04:26 PM
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#22
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Senior Member
Tiffin Owners Club
Join Date: Mar 2018
Location: Hot Springs, VA
Posts: 1,946
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Quote:
Originally Posted by Alan_Hepburn
We had a Trust put together almost 25 years ago, and it's been reviewed and updated a few times since then. What our attorney suggested was that real property should be placed in the Trust, but things like vehicles should not, because you typically change vehicles so often that you would have to keep updating the Trust. What was suggested is that the Trust be accompanied by a simple will that basically says "everything in the estate gets transferred into the Trust at time of death". That worked well for my in-laws when they passed - settling the estate was mostly painless, and very quick.
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In our Wills it states that All Tangible Personal Property (tools, clothes, furniture, RV, autos, etc.) is transferred to the Estate upon death. That just leaves Real Estate and Intangible Personal Property (assets such as bank acct., brokerage acct. stocks, bonds, etc.) which had to have the Trust set as the Beneficiary.
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RoadEyePie - 2019 VLRV Beacon 39 GBB
2018 GMC 3500 HD Sierra Denali Durmax Diesel DRW CC LB 4x4
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01-26-2021, 04:41 PM
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#23
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Senior Member
Join Date: Nov 2006
Location: Western NY
Posts: 6,142
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Quote:
Originally Posted by atreis
We had to put an RV through probate after my mom passed. It was pretty painless. It cost very little for a lawyer to do the paperwork and took a couple weeks. I'm baffled by the desire to avoid probate.
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That has been our experience having been executor / execitrix 4X now. Lawyers usually charge a % but so do trustees.
If a simple estate some lawyers will do it hourly or negotiate fees. Probate does add time but whats the hurry. It also makes it public which is the biggest negative for many and they are willing to spend extra to keep it private.
Just our experience
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Don & Marge
'13 Newmar Ventana 3433 - '14 CR-V TOAD
'03 Winnebago Adventurer 31Y - SOLD
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01-26-2021, 07:05 PM
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#24
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Senior Member
Join Date: Nov 2012
Posts: 274
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Quote:
Originally Posted by sbleiweiss
I am a lawyer (though not an estate lawyer) and just want to weigh in here. So much talk about wills. Wills are not an estate plan. Wills are not adequate estate planning. Wills are part of an estate plan to be sure, but wholly inadequate for anyone on this forum (anyone who owns an RV). The reason is with just a will your estate will have to go through probate. Probate takes a long time and costs $$$$. A good estate plan avoids probate. It also minimizes estate taxes that have to be paid. Please, anyone with nothing or just a will. See an estate planning lawyer. And once the plan is prepared, be sure to follow it. Different assets may need to be put into the (or one of the) trust names for the plan to work.
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Wouldn't that make the trust liable for an accident, Possibly depleting the assets of the trust?
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Reno, Nv
2006 Monaco Diplomat PAQ
Jeep Grand Cherokee & Wrangler Toads
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01-26-2021, 07:48 PM
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#25
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Senior Member
Tiffin Owners Club
Join Date: Mar 2018
Location: Hot Springs, VA
Posts: 1,946
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Quote:
Originally Posted by VegasFoodGuy
Wouldn't that make the trust liable for an accident, Possibly depleting the assets of the trust?
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If the Trust is a revocable trust, then you, your assets and the trust are all one and the same as long as you are living. Not the same with an Irrevocable Trust. As Sbleiweiss says, find a good Estate Attorney / Firm. My wife and I just had an Estate Family Trust established along with two Wills, two Powers of Attorney and two Advanced Medical Directives. Cost less than $2,500 for all seven documents. We did not "put" any assets into the Trust at this time. Assets will move into the Trust upon the last of my wife or my deaths. We did have to have things re-titled and the Beneficiary / POD changed on all of our accounts, including Life Insurance Policies. Now our affairs are in order and our estate can be settled without Probate lawyers or courts. Simplifies things for the ones we leave behind.
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RoadEyePie - 2019 VLRV Beacon 39 GBB
2018 GMC 3500 HD Sierra Denali Durmax Diesel DRW CC LB 4x4
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01-26-2021, 08:49 PM
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#26
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Senior Member
Join Date: Apr 2015
Location: Middle GA
Posts: 355
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Well.......I guess she would finally have to learn to drive the dam thing. Get off the road if I croak!
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George and Linda
-2021 Newmar CS 3927 toy toter
-2016 F150 Supercrew TOAD
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01-27-2021, 07:16 AM
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#27
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Senior Member
Join Date: Feb 2013
Location: Sedona, AZ
Posts: 2,995
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Quote:
Originally Posted by VegasFoodGuy
Wouldn't that make the trust liable for an accident, Possibly depleting the assets of the trust?
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At least in the states I am familiar with, the trust is just you. A revocable trust during your lifetime is just an extension of you. You are also probably the trustee (costing nothing, responding to an earlier comment). So, yes, the trust would be liable in an accident. And the trust would be the insured on an insurance policy covering that, just like you would be.
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Shell Bleiweiss
2014 1/2 Thor Challenger 37KT
Sedona, AZ
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01-27-2021, 07:19 AM
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#28
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Senior Member
Join Date: Feb 2013
Location: Sedona, AZ
Posts: 2,995
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[QUOTE= We did not "put" any assets into the Trust at this time. Assets will move into the Trust upon the last of my wife or my deaths. [/QUOTE]
Works unless you both die at the same time or close in time. Think car wreck, COVID, house fire.
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Shell Bleiweiss
2014 1/2 Thor Challenger 37KT
Sedona, AZ
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