I’m the executor of my mother’s estate. The language used in her will sounds to me like her estate will not go into probate. Is that possible?

This certainly should speed things up. I think it depends on the state, however. My mother had a similar setup from my uncle's estate, but it still went (quickly) through probate.

Carol

The primary purpose of a will is disposition of property. However not all property owned by a decedent is subject to disposition by a will.

Many of the things our benefactors own are not subject to their will or probate. For instance, most life insurance and annuity contracts name a non-estate beneficiary that is paid directly upon claim (this is called operation of law or contract). Same holds true for many bank and brokerage accounts these days that have Payable on Death or Transfer on Death provisions. Joint accounts will usually pass to the other owner sans probate. Assets titled in Revocable Inter-Vivos or Living Trust agreements are administered and disposed of by successor trustees named in the document and real property, too, is often titled so as to pass to an heir while avoiding probate.

In short, anything that does not go to a beneficiary directly will be subject to the deceased will. AND ALL WILLS, AS WELL AS ASSETS THAT DO NOT PASS BY OPERATION OF LAW OR CONTRACT, ARE SUBJECT TO PROBATE. All of that other gobbledgook simply says you can do whatever you want once the estate has been administrated.

When we set up our trust for our house to go to our son years before my husband would have had to go to medicaide which he died before the application was submitted we were told we would not have to go to probate but I am going to follow with the lawyer I have now the first lawyer told us things that were not true and we had based our finanicial history on what he had told us which we not true beware of semiarers where they tell you things to rope you in and you pay a goody amount up front and then they do not deliver when you need them and find out too late you have been lied to when you become a widow check on all their associations they say they belong to first instead of being impressed the rubber chicken you get served at their dinners can prove to be not worth it in the end and their newsletters stop very quickley check with local lawyers how they feel about these experts our expert is lucky my husband did not live to find out the truth about him and all of the sudden he has moved his seminairs to another county. His office threw away paperwork we thought was put in our trust and found out they did not even bother to carry through with what was sent to them even though we paid over $4000.00 upfront beware of dressed up scam artist who offer you a free meal.

Thanks!

You should consult a probate attorney to confirm what you believe, and ask for a referral to a CPA who has experience in probate.

Measure twice - cut once!

Well, I have right of survivorship to all of her securities and I'm go owner of everything in of her accounts in the state employee's credit union bank. Only her name is on her lincoln but her name and my step-dad's is on the house and the beach house. He signed a legal agreement several years ago that he is not interested in the land granted farm land from her mother which I'm already down on those deeds as trustee of.

I believe that as the executor of the estate, I am the one who administers it. From what I've been told the wording is so explicit that the judge will look at the will and most likely say, well she made her wishes known very clearly, here administer this thing for the way this is worded niether your step dad nor his children can contest this will.