Your heirs may find themselves solicited by sales people who routinely review probate records. Ways to avoid probate are discussed below and in our next article. The Trust Estate A trust estate includes any assets you own, that are held in a trust. The trustee holds title to your property for your benefit, and the trust estate is distinguished from any income earned by it. The agreement that establishes the trust is called a trust indenture.
Many individuals choose to hold their property in trust to avoid probate.
It is important to remember that all deeds, bank accounts, stock certificates, bonds, etc., must identify the trust as the owner to avoid probate. There are potential drawbacks to trusts, and their complexities will be explored further in the second part of this estate planning article series. A trust is not the same as a will. A will is defined as the legal expression of a person's wishes as to the disposition of her or his property to take effect after death. A will grants your heirs absolutely no rights to your property until you die.