As we have seen over the last few months life can change on a dime. One day we are thinking about March Madness and the next planning when we can leave our homes. If you have inherited a property over this time or making preparations, you may be dealing with an extra layer of stress you do not want or need in your life. Knowing the most common, reliable, and powerful ways to transfer or receive a piece of inherited property is hugely important when it comes to expediting the process when the times come. Below are two of the more common estate planning tools (Wills and 相信s), along with what may need to happen if these preparations aren’在先人之前做出’s passing (Probate).
财产从一方转移到另一方的最常见方式之一是通过遗嘱。每个成年人，不论资产如何，都应有遗嘱。如果没有明确的遗嘱，可能需要将法院发挥作用，以便利法院“fair”死者的分布’的资产。与法院打交道可能是耗时，昂贵且可能对家庭关系造成压力的。但是，如果遗嘱得到正确的书写和设置，则毫无疑问，它是想要什么以及在哪里分配资产的。通过水井被称为财产收受人的人通常被称为“beneficiary”. If you’ve been named as a 受益人 of property you may be left liable for the mortgage payments, taxes, and outstanding liens on title for the property received. The first thing to do as a 受益人 as reach out to a local real estate attorney as there are several legal items that likely need to be done prior to even thinking about renting the property or putting the home on the market.
用于将所有权转让给尚存的家庭成员的另一种常见媒介称为“Trust”. While a Will is a legal document in which a person’s assets are distributed among legal heirs, a 相信 is an entity that bestows a legal obligation upon a third party (called a “Trustee”) to hold assets for the benefit of another person (i.e. an heir or family member), also called a 受益人. A person can sign an agreement to put property into a 相信 at any time, which can become active upon their passing. The trustor ( the person who originates the 相信 and has control) directs the passing of assets to trustee per the instructions outlined in the 相信. If you’ve inherited a piece of real estate via a 相信, you may need to work with the trustee to get it sold. All things considered, there are many advantages that come with 相信s as well as many challenges that can arise when selling an inherited property.
What if there is no Will or 相信 in Place?
While 遗嘱 and 相信s are just two common vehicles for estate planning, they are not necessarily the only ones. There are other tools that guide how property can distributed among family including joint ownership, tenants in common or a transfer on death deed just to name a few. If any and all of these options were not planned for or set up in advance the property will likely go to Probate Court.
我们可以通过以下方式简化出售您的继承财产的过程： 提交现金原样报价 这使您和您的家人处于更有利的位置，可以轻松地快速出售房产。
时间– 任何试图取消留置权或以任何方式与法院打交道的人都知道，他们通常会以不理想的速度行动。仅在任命房地产所有权时，这种情况才会放大。根据遗产和家庭的不同，这个过程可能要花费几个月到几年的时间。它 ’重要的是，遗嘱认证程序可能会因州而异，并受财产所在州法律和准则的约束。
钱– In addition to time, you also have to factor in cost with a probate property. With no Will or 相信 to guide them, the court has to figure out who is the rightful descendant and 受益人 to the property being passed. To do so, they need to expend resources. To name just a few, there are personal representative’s fee, attorney fees, court fees and potentially fees for an appraisal and accountant. These costs add up quickly!
隐私– 除了时间和成本，遗嘱认证也可能会损害您和您的家人’s privacy. While 相信s keep information information about beneficiaries and family members private and off public recorded, probate involves the recording of court docs for public record. This can be especially important for those who want to keep extremely sensitive and private information private, such as who is involved, how much money is in the estate, what types of property are in question.