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September 30, 2008
Filed under: Uncategorized — Christopher J. Berry @ 4:08 pm
As my office prepares to probate another Michigan estate of a client’s relative (who had used another attorney to prepare the documents), I am again reminded of a huge myth that many people still believe. They believe that a will avoids the probate process.
A WILL DOES NOT AVIOD PROBATE; A WILL IS YOUR TICKET TO THE PROBATE SYSTEM.
A properly funded revocable living trust avoids probate. Operation of law due to the status of title avoids probate. A will does not avoid probate. It can make the probate process go smoother, but still, you have to go through the probate process.