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What Ancillary Probate Is and How to Avoid It

 

Learn about ancillary probate and best practices to avoid it in estate planning.

Ancillary probate refers to the process of changing ownership of a piece of property in a state other than where a person lives and dies. More and more people are purchasing or inheriting property in another state to enjoy for vacations or to have ongoing rental income. Unfortunately, if a decedent lives in a different state, ancillary or secondary probate may well be needed to determine who inherits the property. This will certainly add costs and additional time to settle one's estate and cause confusion and frustration, not to mention have impact upon taxes and potential creditors and perhaps even Medicaid planning. Sometimes ancillary probate is the only way to accomplish what the owner wants to occur after death. But for many individuals and/or families, there are other options that can take place during the estate planning process that can avoid ancillary probate. This topic will help those advising clients in how to best title the deeds to their properties, the pros and cons of placing non-homestead property in trust and what will be necessary to plan for in the event the final choice is to permit ancillary probate to occur.

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What Ancillary Probate Is and How to Avoid It

Agenda

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What Ancillary Probate Is and How to Avoid It

Faculty

Vicki Levy Eskin

Vicki Levy Eskin

Levy & Associates, PA

  • Owner of Levy & Associates, PA, a small law firm in Longwood, Florida
  • She focuses her practice on probate, guardianship, trust administration and estate planning, including specific trusts, Medicaid planning, and veteran's assistance programs
  • Has an active circuit civil and appellate mediation practice
  • Served three years as the National Solo and Small Firm Conference chair for the American Bar Association, has maintained an active leadership role for many years for the GP|Solo division of the ABA, and served as ABA advisor to the survey and drafting committee for the Uniform Law Commission Committee during its three year work on creating the model code for fiduciary access to digital assets and the parallel committee for the RPPTL division of the Florida Bar
  • Spoke before the Florida Legislature twice in support of FADAA and RUFADAA, leading to its ultimate enactment in her state
  • Written and lectured extensively on preserving digital assets, FADAA, RUFADAA, trusts, international estate planning and other areas of estates, trusts and probate administration and small office management
  • Through her work with the American Bar Association, she serves as a mentor to solo and small firm practitioners throughout the United States
  • She has a history of involvement in local and state bars, including membership in the Iowa State Bar and has served on several community advisory boards
  • Can be contacted at http://levylawyers.com
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What Ancillary Probate Is and How to Avoid It

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