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Know, How To Avoid Probate

Know, How To Avoid Probate Process

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What is Probate?

Probate is a judicial process where a will is in review and proven to the court. The will states that the heir/heirs is entitled to oversee the estate and the specific assets. An heir is a person who is chosen by the decedent. He will manage the assets post his/her death. The will defines instructions on how it is to administer.

Why should you Avoid Probate?

More of a bane, less of a boon. Probate can be an expensive and lengthy process for you and the successors (heirs) both. It can end up lasting for months or even years in the worst-case scenario. The process involves a lawyer and a probate attorney, which means additional costs like hiring fees. In such an instance, you would want to end up eluding probate and carry on with the passing or distributing of the assets to the heirs.

We comprehend you work hard to earn a single penny, and you wouldn’t want to let a big chunk of it flow to the government in the name of probate. You must have proper planning on how to avoid probate, and under what circumstances. There are multiple situations where you can let go of probate, and in some, it is a must. If you’re a married couple and wish to set up a trust for your children, you will have to pass through probate. A couple who has joint assets may avoid probate. Under further conditions, the surviving spouse receives everything without going through any legal process. If you wish to stay away from the hassles of being stuck in probate, you can know how to avoid the probate process below.

How can You Avoid Probate?

1. Crafting a Living Trust (Revocable Trust)

Creating a living trust is the simplest way to avoid probate. A living trust is similar to a will. It is created when an individual is alive. You will have to add a name (any relative, friend, or guardian) in the trust to take over as the trustee after your death, also known as the successor trustee. Here, you will have to transfer ownership of your property to yourself as the trustee of the assets. After registering the estate, its control is towards the trust. After your death, the successor trustee can transfer the assets to the trust heirs. It happens without any probate process.

2. Joint Ownership Transfers with Rights of Survivorship

If you’re a couple, joint ownership transfer with the rights of survivorship works well to avoid probate. Remaining all assets or estate are passed on to the surviving spouse. This particular law is recognized in two facets;

  • Joint Tenancy
  • Tenancy By The Entirety

3. Joint Tenancy

Couples who own equal shares of valuable possessions like homes, commercial sectors, businesses, and vehicles can transfer them to the surviving spouse. They do not have you go through the probate process. 

4. Tenancy By The Entirety

Tenancy by the entirety is exclusive and applied to real estate and strictly stands for married couples. The particular category is beneficial to guard your estate against creditors in case of catastrophes.

5. Registering Transfer-on-Death for Security (TOD)

Registering transfer-on-death registration is an important aspect of saving yourself from the probate process. You can register your stocks, bonds, and security assets in the transfer-on-death (TOD) form. The specified beneficiary receives the brokerage accounts and assets automatically at the time of a decedent’s death without any probate proceedings.

6. Payable-on-Death Designations for Bank Accounts (POD)

The payable-on-death account entails a beneficiary’s name. The person opening a bank or brokerage account makes the decision. The law states that the decedent preserves all rights to an account until his or her death. A beneficiary can claim the account straight from the bank without going through the probate evaluation by the court.

7. Life Insurance at Your Bay

If you have signed up for life insurance with an optimum level of coverage, it is probably the best decision of your life. If you have life insurance, post your death, the beneficiary will receive the profits from the company free from the hassles of probate. The inheritance is not subject to regular income taxes, which is a bonus.

We Buy Probate Houses for Cash

If you want to sell your probate house for cash in New York, you can contact us at Elite Properties or call us at 718-977-5462. At Elite Properties we propose you an all-cash offer on your probate house. We are a ‘we buy houses for cash company’ which means we buy houses in any condition, any location for all cash, and offer you a no-obligation offer. The above literally typifies that there’s no pressure to say ‘no’ to an offer. So call us today and we’ll handle the burden of your unwanted property. 

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ways to deal with an inherited property

Ways To Deal With An Inherited Property

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What Is An Inherit Property?

Inherit means to receive, and an inherent property means receiving property from a deceased person or someone who willingly handovers the property to their successors through legal means. Inheriting something does not stop at home, it may include other possessions too.

Receiving property from a deceased person whom you loved once, can leave you emotionally muddled. It can drown you mentally and leave you blank as many thoughts flow through your mind at a single time. In such cases, it is necessary to figure out the options and choose one wisely as it is a huge responsibility and could also cost you a lot of time and money.

Challenges With An Inherited Property

Inheriting a property comes with responsibilities before you contemplate moving into it. After inheriting the home, you should check whether there is any outstanding debt. Another added point is the condition of the home – if you receive a property that is shabby and requires improvements, then it is misery in the name of blessing.

Lastly, comes the probate process, primarily this is an initial and crucial step in this scenario. The heir should make sure that he or she is the lawful successor of the descended. Many homeowners in the United States do not have a will because of which the property of the deceased has to go through probate valuation, for the legal transfer to the beneficiary. This step is usually skipped when the creditor (descended) has the name of the executor (heir) cited in the will.

More challenges come, when there are multiple siblings as beneficiaries, you are left with no option but, to sell the property and divide the amount received by the number of siblings equally. This process will ultimately increase the duration of selling the inherited home including the probate process.

Figure Out The Usage And Consider Your Options

Now, when you have the issues sorted, you might want to have a look at the utility of the property. You need to obtain a decision whether you want to keep the house and shift in it, rent it to tenants, or lodge a part of it.

  • Keeping The Property

The toughest and not so opted choice for people is keeping the property as nobody would like to live in a place that will remind you of past occurrences.  Also, renovating an inherited home according to your requirements could cost thousands of dollars.

  • Renting The Property

Renting is a great source to earn passively unless you have joint beneficiaries but, it has shortcomings too.  As a homeowner, you will have to get done with the improvements of the property, to make it rent-ready. This again will cost a lot as being a homeowner comes with liabilities.

  • Selling The Property

Selling an inherited property would leave you with great returns and fewer worries. When you sell the inherited property you cut down maintenance cost and upkeeps, you can also choose a reliable real estate company that pays you the closing costs of the property and exempt you from the crisis.

Ways To Sell An Inherited Property

By now, you might have sorted the options that you will opt for. If you have thought of selling the inherited house and want to use it as a skipping stone for buying a new one, consider seeing the points below –

  • Clear Legalities

After inheriting the property, make sure of all the paperwork and probate process. This process takes six months to two years to get complete. The time may differ according to the size of the estate and beneficiaries.

  • Clear Dues And Property Taxes

Clearing dues before selling the inherited property in the market will bequeath you with fewer concerns. As you are the legal owner of the property, you would have to list down the unpaid debts. Make sure you note down the due real estate taxes, ongoing maintenance fees, insurance, and HOA fee (community fees) and calculate the expenses carefully for further transactions.

The heir of the inherited property has to pay ‘inherited tax’. The tax rate is determined according to the value of the property and who inherits how much.

Spouses do not need to pay them (if they are the heirs), else, the tax rate is 4.5% to 18% which differs from state to state.

  • Assessment And Cost Evaluation Of The Property

It is necessary to carry out an inspection, as problems like – plumbing, insulation, fencing, compound/foundation walls, damaged doors, or broken windows, could affect your sale. Such minor problems are examined by a professional home inspector, who evaluates everything meticulously.

Cost evaluation of an inherited property has many factors that play a massive role. Attributes like age, condition, neighborhood, location, and area solely decide the worth of a property. Also, if you have to go through a probate process you would have to provide the fair market value of the estate on the day of the deceased death.

  • Trustworthy Real Estate Agent

Selling an inherited property in NY is not an easy job, and when you are trying to list it in the market, you might need professional assistance which also stands as a must. After the property has completed its inspection, the second step is hiring a trustworthy real estate agent who will guide you through the whole selling process.

Here, you need to authenticate that the agent you have hired is local, authorized, and has good knowledge. You should hire an experienced real estate agent who has the skills of a real estate stream. He should also specialize in inherited homes.

  • Sell Inherited Property Fast For Cash

Listing an inherited property in the market creates a lot of fuss and is more complicated. Hence, selling an inherited house for cash is the best option to avail, as you get cash in return without hassles. If you have multiple siblings or beneficiaries, the distribution stands to be fair play. Some Real Estate companies in NYC, like ‘Elite Properties’ buy houses for cash in any condition of any age, which eventually cuts down your time and money.

One of the best advantages of We Buy Houses for Cash Company is that they buy your inherited property. After that, they renovate it and sell it further for the biggest return.

Find A Reliable Real Estate Company

And, the last step is finding a reliable real estate company. Inquiring for a reputable real estate company is a tremendous problem as you don’t know whom to trust in this niche. If you are facing any financial crisis and are not able to afford the repairs of the property, you can sell your home for cash as is, cutting the expenses in a stress-free way.

The ones who are trying to sell the inherited property in New York City can get in touch with ‘Elite Properties’, they have solutions for all your real estate issues and will guide you in your stressful circumstances. Hope the summits above will help you in the easy sledding of selling your inherited home.

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Probate Sale: Things You Need To Know When Buying and Selling a Probate Property

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Probate sale might be one of the most used terms in today’s real estate sector. There’s no wonder that you are totally baffled when you hear it for the first time. The more you dig deeper, the more complicated it gets. Well, don’t get too perturbed yet. Allow us to save you from all the troubles of probate sales with this article.

Let’s start with the basics here.

What Exactly is a Probate Sale?

We are pretty much sure you’ve done a bit of research on this topic as of now. Whatever you’ve ‘googled’ and researched on the subject might be pretty much correct. A probate sale occurs when the current owner of the property has passed away without a will bequeathing the house to an heir. An estate attorney or a representative has to sell the property to liquidate the asset and distribute the money obtained from the sale to family members. Probate sale is put on by the probate court. It occurs when the court puts up the property for sale in the market. Even though this sounded simple, once you decide with proceeding with a probate sale the tables will start to turn.

How To Sell a Probate House in NYC?

Selling a probate house is not as simple as selling a home in New York. Not every homeowner’s deceased estate goes through probate too. Many estates can avoid regular probate by qualifying as “small estates” under state law. In a probate sale, the estate attorney hires an experienced real estate agent. It is for listing probate property in New York and selling the home. The price of these properties will be much lower than their current market value. We don’t expect the estate owners to make any repairs before you move in as the owner of the property is legally no more alive. This is a precautionary step by the court to make sure the property is at the best possible price.

The interested buyer is asked to put down at least 10 percent of the propose value as a deposit. The seller has the right to accept or reject the offer from the buyer. Once the seller agrees with the proposal, the court must confirm to make sure it’s a fair and square deal. The probate court will then approve the sale and the place where it should take place.

Once the property is set up for probate auction, anyone present in the courtroom may make a superior bid of at least five percent above the original bid. Once the offer is accepted both by the seller and the court, the administrator must send a Notice of Proposed Action to all the estate’s heirs. The allotment of fifteen days period to the heirs to come up with any objections or disagreements in the Notice.

It would be difficult to proceed all by yourself to enroll the estate in the probate court appealing for a probate sale. You might need the help of an experienced probate sale specialist or a professional real estate agent to sell your probate property without any hassle in NYC.

Should I Buy a Probate House in NY?

With America running behind crazy deals and offers on anything that they can grab, the market of probate sale houses in NYC has drastically grown these past years. You can list your property in probate sale cheaper than the house’s exact market value. But before jumping to conclusions, there are a few things that you need to know before buying a probate sale.

  1. Probate properties are properties without ownership. As the homeowner has already passed away without bequeathing a will for his/ her heir. So, don’t expect the probate court or the seller’s family to repair that leakage window or the missing pool equipment. What you see is what you get in a probate sale.
  2. Make sure you went thoroughly through the disclosures. There might be many complex factors that the naked eye might fail to notice. Get the help of an experienced probate sale agent to make sure everything goes smoothly and steadily.
  3. The representatives will produce the final court judgment. Make sure you are present at the court in person for the hearing.
  4. Since there are no contingencies in a probate sale, the seller does not have to wait for you to find a loan or sell your existing home. You can get advance approval from the present owners of the estate.
  5. Working with a real estate agent or a probate expert will always aid you in moving forward with the buy. Real estate agents in NYC can even give you probate sale packages for making the whole process hassle-free. Any agent can represent you. Only a probate sales professional can assure you whether the transaction is to manage correctly. So that you get the property and the terms and conditions you want.

Benefits of buying a probate property

1 . The price of the property you are going to buy is lower than any other property.
 
2.  There are very less opportunities for you as well as you to buy a probate property in real estate.
 
3.  A very limited number of people show interest in buying probate sales. So, there is very low competition.
 
4.  Probate sale benefits investors in a long run.

Risks of buying probate property

There are various risks of buying probate property which include:
 
1. The probate process takes too much time to complete.
 
2. Most of the probate houses are in very bad condition and they do need some repairs. It’ll help you if you’re looking to resell afterward.
 
3. You need to follow extra rules and regulations for this kind of sale. Thus, it makes the transaction more complicated.
 
4. The Previous homeowners cannot disclose any problems in the house as a part of the offer to sell. You should get a close home inspection of the proposed property.

How Does a Probate Begin?

The smooth transition of probate sales differs from state to state. Different country has different ways and rules on how to handle a probate sale. But, there are still a few things that are common to all probates.

The representative for the probate property will need to file a petition with the local probate court in NY where the deceased homeowner was living at the time of his/ her death. The death certificate and the original will (if exist) should be available. You should have it with you at the time of filing the petition for probate sale. The petitioner is require to send formal legal notices to all the heirs. He has to send legal notices to the known creditors and publish a legal notice in the local newspaper to alert all the other creditors. The court will then conduct a hearing so that any interested buyers are welcome to place a bid on the probate property.

Can we avoid Probate?

Yes, you can avoid probate on your own estate. All you have to do is plan ahead. People practice creating trust to avoid the probate process. Trust helps you add assets and these assets will skip the probate process.
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