probate can take months or years, it costs money and the courts decide. Lets say mom or dad passes away. Lets say its the dad that passes and the mom hasn't yet. but the dad had children from a prior marriage. In texas if there was a home and the dad owned it prior to marriage that is separate property and ALL of it goes to the children and mom is kicked out of the house. In Utah 1/3 to 1/2 goes to the kids. Also in utah even if mom and dad bought the home together then it still has to be split with a portion going to the children. I have to ask do you want your wife booted from the home so the kids get some money before both parents have passed? most people would day no!.


how about dad died 5 years ago and now mom dies. If there is no trust or other estate planning vehicle. the kids are having to write a check for probably 15k for the funeral. That is even if there are plenty of funds in moms bank account. No one will have access to those funds until it clears probate, which will be longer than it takes for a funeral. However if a trust is set up. What you do is set up yourself and your spouse as co trustee's, appoint one of your kids or whomever as a successor trustee. That means mom and dad remain in control until BOTH die. That way when there is a death the co trustee OR the successor trustee (if both are dead) takes the trust in to the bank and has access to all funds. provided they are in the name of the trust, OR the trust is the beneficiary. (will need to show death certificate) Then the trustee will have authority to use the funds to pay for burial. make decisions with the real estate assets. and distribute funds from the assets.

a will must be adjudicated, that means a judge must rule on its validity, They also have to rule that what happens in the will is what happens. You can't show up to the bank and wave a will around and say give me the money! you can't go to the title company and say here is the will, I am ready to sign for the sale of the property. That is why an entity is formed prior to death that holds title to the assets. A will doesn't hold title to jack crap.

in summary use a will for personal items, you can have a will that states everything is given to the trust,
if there is a title to the property, houses, cars, bank accounts, retirement accounts. the ideal thing is have the title and name on each account be that of the trust.

The problem is according to each states laws assets don't always pass cleanly to a surviving spouse, and they sure as heck don't pass cleanly to heirs, ie kids or whomever.

Last edited by cumminscowboy; 08/21/19.