Steven F. Bliss Esq:
Probate Law

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How does a living trust avoid probate?

When you execute the living trust declaration and then properly fund the trust, what you have done is that you have created a legal entity separate and apart from yourself that is now fully functioning doing whatever it is that you told it to do. Then, when you funded your trust, you changed the name of the owner of your assets from you individually to you as Trustee of your trust. So at that time, you are still in complete control of your assets because you are the Trustee of the trust and whoever is Trustee is who manages the assets that the trust owns. You are still the BENEFICIAL owner of your assets ( i.e. the assets are yours to do with whatever you please) but you are no longer the “LEGAL” owner of record.

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