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Old 01-26-2021, 09:17 AM   #15
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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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Old 01-26-2021, 10:12 AM   #16
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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.
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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Old 01-26-2021, 11:32 AM   #17
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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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Old 01-26-2021, 11:40 AM   #18
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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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Old 01-26-2021, 02:29 PM   #19
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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.
Totally depends on the state. Totally = 100%
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Old 01-26-2021, 04:04 PM   #20
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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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Old 01-26-2021, 04:17 PM   #21
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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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Old 01-26-2021, 04:26 PM   #22
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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.
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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Old 01-26-2021, 04:41 PM   #23
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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.
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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Old 01-26-2021, 07:05 PM   #24
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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.
Wouldn't that make the trust liable for an accident, Possibly depleting the assets of the trust?
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Old 01-26-2021, 07:48 PM   #25
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Wouldn't that make the trust liable for an accident, Possibly depleting the assets of the trust?
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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Old 01-26-2021, 08:49 PM   #26
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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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Old 01-27-2021, 07:16 AM   #27
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Wouldn't that make the trust liable for an accident, Possibly depleting the assets of the trust?

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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Old 01-27-2021, 07:19 AM   #28
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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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