On 23 Jan 2010 at 19:06, Ian King wrote:
From what I read, probate assets cannot be
transferred to heirs and
other beneficiaries (museum) until debts are settled.
Probate where there is no will can take a very long time (read:
years). Even with a will, probate can take months in some
jurisdictions.
The prudent thing to do as you settle into your golden years is to
transfer title to your assets to the person or entity that you
intend. Arrange a lease-back to you for, oh, $1 per year.
There are two immediate benefits--the first is that you get to take
the tax credit immediately if you're donating to a non-profit
501(c)3. The other is that once you depart to take your place at the
great abacus in the sky, there's no going through probate or any
question of title. The assets are not part of your estate.
My mother-in-law gifted her house to her kids when she passed her
90th birthday. When she died at 99.5 years, the kids were able to
take advantage of a midly overheated real estate market to dispose of
it. Her estate cleared probate (even with a will) two years later
when the market was beginning to tank.
--Chuck